Conf  Pam  #476 


CONSTITUTION 


OS 


FORM  OF  GOVERNMENT 


F  O  K      T  n  K 


PEOPLE  OF  FLORIDA, 

AS  REVISED  AND  AMENDED 

At  a  Convpijjtion  of  the  People  begun  and  holdex  at  thi 
City  of  Talt,.\hassek  on  the  Tiiiud  day  of  January, 

A.  D.  1861, 

TOGETHER  WITH  THE  ORDINANCES 

ADOPTED  BY  SAID  CONVENTION. 


Callaljassw : 


OFFICE  OF  THE  FLORIDIAN  AND  JOURNAL 

PRINTED    BY    DYKE   &    CAELI8LK. 
1861. 


Digitized  by  tine  Internet  Arciiive 
in  2010  witii  funding  from 
Duke  University  Libraries 


littp://www.arcliive.org/details/constitutionorfoOOflor 


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CONSTITUTION 

i)  K 

FORM  01^^  OOYEll^AIENT 

I'Oi:    11  IK 

PEOPLE  OF    FLORIDA, 

AS  REVISED  AM)  AMENDED 

A  I    A    C'oNVKNTKiN   OF   TlIK  PkoI'LK    I!K(;iN   AND    IKU.UKN    A'l'    I'HK 

Cvv\  uv  Taii.amasske,  ox  Tin:  THiin)  day  ov  Januaky, 

A.  D.  1861. 


ORDINANCE  OF  SECESSION. 


We,  the  People  of  the  State  of  Florida,  in  Convention  as.seni- 
bled,  do  solemnly  ordain,  i)ul)lisli  and  declare,  that  the  State  of 
Florida  hereby  withdraws  herself  from  the  Confederacy  of  States 
existing;  mider  the  name  of  the  United  States  of  America,  and 
from  the  existing  government  of  said  States ;  and  that  all  politi- 
cal coimection  between  her  and  the  government  of  said  Stat(^ 
ought  to  be  and  the  same  is  hereby  totally  annulled  and  said 
Union  of  States  dissolved,  and  the  State  of  Florida  is  hereby  de- 
clared a  sovereign  and  independent  Nation ;  and  that  all  ordi- 
nances heretofore  adopted,  in  so  far  as  they  create  or  recognize' 
said  Union,  arc  rescinded,  and  all  laws  or  parts  of  laws  in  force 
in  this  State,  in  so  far  as  they  recognize  or  assent  to  said  Union, 
be  and  they  are  hereby  repealed. 

Dono  in  open  Convention,  January  10th,  18G1. 


ARTICLE  I. 


DECLARATION    OF    KIGHTS. 


That  the  great  and  essential  principles  of  liberty  and  free  gov- 
ernnieut  may  he  recognized  and  established,  we  declare  : 

1.  That  all  freemen,  when  they  form  a  social  conij)act,  art- 
equal,  and  have  certain  inherent  and  indefeasible  rights,  among 
which  are  those  of  enjoying  and  defending  life  and  liberty ;  of 
acquiring,  possessing,  and  protecting  property  and  reputation ; 
and  of  pursuing  their  own  happiness. 

2.  That  all  political  power  is  inlierent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  established  for 
their  benefit,  and  therefore,  they  have  at  all  times  an  inahenable 
and  indefeasible  right  to  alter  or  abolish  their  form  of  govern- 
]nent,  in  such  manner  as  they  may  deem  expedient. 

3  That  all  men  have  a  natural  and  inalienable  right  to  worshi]» 
Almighty  God  according  to  the  dictates  of  their  own  conscience; 
and  that  no  preference  shall  ever  be  given  bylaw  to  any  reUgious 
establishment  or  mode  of  Avorship  in  this  State. 

4.  That  all  elections  shall  be  free  and  equal;  and  that  no  pro]»- 
erty  qualification  for  eligibiUty  to  ofiice,  or  for  the  right  of  suf- 
frage.shall  ever  be  required  in  this  State. 

5.  That  every  citizen  may  freely  speak,  write  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty;  and  no  laAV  shall  ever  be  passed  to  curtail,  abridge,  or 
restrain  the  liberty  of  speech  or  of  the  press. 

0.  That  the  right  of  trial  by  jury  shall  forever  remain  inviolate. 

7.  That  the  people  shall  be  secure  in  their  persons,  houses,  pa- 
pers, and  possessions,  from  unreasonable  seizures  and  searches : 
and  that  no  warrant  to  search  any  })lace,  or  to  seize  any  person 
or  thing  shall  issue  without  describing  the  place  to  be  searched, 
and  the  person  or  thing  to  be  seized,  as  nearly  as  may  be,  not 
without  probable  cause,  supported  by  oath  or  affirmation. 

8.  That  no  freeman  shall  be  taken,  imprisoned  or  disseized  oi' 
his  freehold,  liberties,  or  outlawed  or  exiled,  or  in  any  manner 
destroyed  or  deprived  of  IiLs  life,  liberty,  or  property,  but  by  the 
law  of  the  land. 

9.  That  all  Courts  shall  be  open,  and  every  person,  for  an  in- 
jury done  him,  in  his  lands,  goods,  person  or  reputation,  shall 
nave  remedy  by  due  course  of  la\v;  aiul  right  and  justice  admin- 
istered without  sale,  denial  or  delay. 

10.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right 
to  be  heard  by  himself  or  counsel,  or  both ;  to  demand  the  na- 
ture and  cause  of  the  accusation;  to  be  confronted  with  the  wit- 
nesses against  him;  to  have  compulsory  ])rocess  for  obtaining 
witnesses  in  his  iavor;  and  in  aU  prosecutions  by  indictu'ient  or 


presentment,  a  speedy  and  public  trial  by  au  impartial  jury  of 
the  county  or  district  Avhcre  the  offence  was  committed ;  and 
>^hall  not  be  compelled  to  give  evidence  against  himself. 

1 1 .  That  all  ])ersons  shall  be  bailable,  by  sufficient  securities, 
unless  in  cai)ital  offences,  where  the  proof  is  evident,  or  the  pre- 
«;umptiou  is  strong;  and  the  privilege  of  habeas  corpus  shall  not 
I)e  suspendeil  unless,  Avhen,  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

J 2.  That  excessive  bail  shall  in  no  case  l»e  required;  nor  shall 
excessive  fines  be  imjiosed;  nor  shall  cruel  or  unusual  punis'n- 
ments  be  inflicted. 

13.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardy  of  life  or  limb. 

14.  That  j)rivate  i)roperty  shall  not  be  taken  or  applied  t.o 
public  use,  unless  just  com])eusation  be  made  thereior. 

1.1.  That  in  all  prosecutions  and  indirtments  for  liViel,  the  truth 
nuiy  be  given  in  evidence;  and  if  it  shall  ap})ear  to  the  jury  that 
the  libel  is  true,  and  juiblished  Avith  good  motives  and  for  justi- 
fiable ends,  the  truth  shall  be  a  justiflcation  ;  and  the  jury  shall 
be  the  judges  of  the  law  and  the  facts. 

iO.  That  no  ])crson  shall  be  ])ut  to  answer  any  criminal  charge, 
but  by  ])resentment,  indiftment  or  impeachment.         • 

17.  That  Tio  conviction  shall  work  corruption  of  blood  or'for- 
{■(•itui-c  of  estate. 

18.  That  retrospective  laws,  punishing  acts  committed  before 
the  e.\i>tence  of  such  laws,  and  l)y  them  only  declared  ])enal  or 
criminal,  are  op])ressive.  unjust,  and  incompatible  with  liberty; 
wherefore,  no  f.i' post fnifi,  law  shall  ever  be  made. 

1 0.  That  no  law  impairing  the  obligation  of  contracts  shall  ever 
bt^  passed. 

20.  That  the  ]>eo|)le  have  a  riglit  in  a  jieaceable  manner  to  as- 
«ii'mble  together  to  consult  for  the  common  good;  and  to  apply 
to  those  invested  with  the  powers  of  government,  foi*  redress  ol 
grievances,  or  otiier  pro])er  jun'poses,  1>y  ])etition,  address  or 
remonstrance. 

21.  That  the  free  white  men  ot'  this  St:Ue  sh:ill  have  the  right 
to  kee]i  auil  to  bear  arms  for  their  ccjunuon  defence. 

22.  That  no  soldier  in  time  of  jteace  shall  be  (puirtered  hi  any 
iiouse  without  the  consent  of  the  owner;  noi"  in  tinu'  of  war  but 
in  a  manni'r  ))rescribed  V»v  law. 

23.  Th.at  no  staiuling  army  shall  l)e  kept  uji  without  the  con- 
>^ent  of  the  Legislature ;  and  the  military  shall,  in  all  cases  .and 
at  all  times,  be  in  strict  subordination  to  the  civil  power. 

2\.  That  perpetuities  and  monopolies  are  contrary  to  the  genius 
«>f  a  free  State,  and  ought  not  t<»  be  allowed. 

2,").  That  no  hereditary  emoluments,  ])rivileges  or  honors  sh.ill 
ever  l)o  jjranled  or  conferred  in  thi«  State. 


liO.  That:  treqneiit  recurrence  to  fundamental  principles  is  :\h- 
P' (Intely  necessary  to  preserve  the  blessings  of  liberty. 

27.  That'to  guard  against  transgressions  upon  the  rights  of 
the  people,  we  declare  that  everything  in  this  article  is  excepted 
out  of  the  general  ])Owers  of  government  and  shall  forever  re- 
main inviolate- ;  and  that  all  laws  contrary  thereto,  or  to  the 
following  yirovisions,  shall  be  void. 

ARTICLE  II. 

DlSTiaiJUTIO-N   OF  THK  I'OWKKS  OF  (iOVKUN.MKN'l . 

1 .  The  powers  of  the  government  of  the  State  of  Florida 
shall  be  divided  into  three  distinct  departments,  and  each  of 
them  confided  to  a  separate  body  of  magistracy,  to  wit :  those 
which  are  legislative  to  one;  those  Avhich  are  Executive  to 
another ;  and  those  which  are  Judicial  to  another. 

2.  No  person  or  collection  of  persons,  being  one  of  those  de- 
partments, shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instances  expressly  provided  for  in 
this  Constitution. 

ARTICLE  III. 

EXECUTIVE  DEPARTMENT. 

■J.  Tln'  Supreme  Executive  power  shall  be  vested  hi  a  Chief 
Magistrate,  Avho  shall  be  styled  the  Governor  of  the  State  of 
Florida.  '     • 

2.  The  Governor  shall  be  elected  for  two  years,  by  the  quali- 
fied electors,  at  the  time  and  place  Avhere  they  shall  vote  foi' 
Representatives,  and  shall  remain  in  office  until  a  successor  be 
chosen  and  qualified.  The  first  election  for  Governo)-  shall  be 
held  on  the  first  Monday  in  October,  1865. 

3.  No  person  shall  be. eligible  to  the  oflice  of  Governcjr  unless 
he  shall  have  attained  the  age  of  thirty  years,  and  shall  have 
been  a  citizen  of  Plorida  at  least  five  years  next  preceding  the 
day  of  election. 

4.  The  returns  of  every  election  for  Governor  shall  l)e  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the 
Speaker  of  the  House  of  Representatives,  who  shall,  during  the 
first  Aveek  of  the  session,  open  and  publish  them  in  the  presence 
of  both  houses  of  the  General  Assembly,  and  the  person  having 
tlie  highest  number  of  votes  shall  be  Governor,  but  if  two  or 
more  shall  be  equal  and  highest  in  votes,  one  of  them  shall 
be  chosen  Governor  by  the  joint  vote  of  the  two  houses  ;  and 
contested  elections  for  Governor  shall  be  determined  by  botb 
Houses  of  the  General  Assembly,  in  such  manner  as  shall  be 
prescribed  by  law. 


5.  He  shall  at  stated  times  receive  a  compensation  for  his  ser- 
vices, which  shall  not  be  increased  or  diminished  dnring-  the 
term  for  which  he  shall  have  been  elected. 

G.  He  shall  be  Commander-in-Chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia  thereof. 

7.  He  may  require  information  in  writing  from  the  officers  oi" 
the  Executive  Departments  on  any  subject  relating  to  the  duties 
of  their  respective  offices. 

8.  He  may,  by  ])roclamation,  on  extraordinary  occasions,  con- 
vene the  General  Assembly  at  the  seat  of  Government,  or  at  a 
different  place,  if  that  shall  have  become  dangerous  from  an 
I'nemy,  or  from  disease ;  and  in  case  of  disagreement  between 
the  two  houses  with  respect  to  the  time  of  adjournment,  he  may 
adjourn  them  to  such  time  as  he  shall  think  })roper,  not  beyond 
the  day  of  the  next  meeting  designated  by  this  Constitution. 

9.  He  shall,  from  time  to  time,  give  to  the  General  Assembly 
information  of  the  state  of  the  Government,  and  recommend  to 
their  consideration  such  measures  as  he  may  deem  expedient. 

10.  He  shall  take  care  that  the  laAvs  be  faithfully  executed. 

11.  In  all  criminal  and  penal  cases,  (except  of  treason  and  im- 
peachment) after  conviction,  he  shall  have  power  to  grant  re- 
prieves and  i)ardons,  and  remit  fines  and  forfeitm-es,  under  such 
rules  and  regulations  as  shall  be  prescribed  by  law  ;  and  in  cases 
of  treason  he  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  grant  reprieves  and  pardons,  and  he 
may,  in  the  recess  of  the  Senate,  respite  the  sentence  until  tlu- 
end  of  the  next  session  of  the  General  Assembly. 

12.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept  by 
the  Governor,  and  used  by  him  officially. 

13.  All  commissions  shall  be  in  the  name  and  by  the  au- 
thority of  the  State  of  Florida,  be  sealed  with  the  State  seal 
and  signed  bv  the  Governor,  and  attested  by  the  Secretary  of 
State.' 

.14.  There  shall  be  a  Secretary  of  State  appointed  by  joint 
vote  of  both  Houses  of  the  General  Assembly,  who  shall  con- 
tinue in  office  during  the  term  of  two  years  ;  and  he  shall  keej) 
a  fair  register  of  the  official  acts  and  proceedings  of  the  Gover- 
nor, and  shall,  when  required,  lay  the  same  and  all  papers,  minutes 
and  vouchers  relative  thereto,  before  the  General  Assembly,  and 
shall  ])erform  such  other  duties  as  may  be  required  of  him  by 
law. 

15.  Vacancies  that  happen  in  offices,  the  appointment  to  which 
is  vested  in  the  General  Assembly,  or  given  to  the  Governor, 
with  the  advice  and  consent  of  the  Senate,  shall  be  filled  by  the 
Governor  during  the  recess  of  the  General  Assembly,  by  grant- 
ing commissions,  which  shall  expire  at  tlie  end  of  the  next 
session. 


16.  Every  bill  which  shall  have  passed  both  Houses  of  tlie 
(Tcneral  Assembly,  sliall  be  presented  to  the  Governor;  if  he 
approve,  he  shall  sign  it ;  but  if  not,  l»e  shall  return  it  with  his 
objections  to  tlie  House  in  Avhich  it  shall  have  originated,  who 
shall  enter  the  objections  at  large  upon  the  journals,  and  pro- 
ceed to  reconsider  it ;  and  if  after  such  reconsideration  two-thirds 
of  the  whole  nunilier  elected  to  that  House  shall  agree  to  pass 
the  bill,  it  shall  be  sent  with  the  objections  to  the  other  House, 
liy  which  it  shall  likewise  be  reconsidered  ;  and  if  approved  by 
two-thirds  of  the  whole  )nnnl)er  elected  to  that  House,  it  shall 
Ijecome  a  law ;  but  in  such  cases,  the  votes  of  both  Houses  shall 
be  by  yeas  and  nays,  and  the  names  of  the  members  voting  for 
or  against  the  bill,  shall  be  entered  on  the  journals  of  each  House 
respectively  ;  and  if  any  bill  shall  not  be  returned  by  the  Gov- 
ernor within  five  days  (Sundays  'excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  laAV  in  like  manner 
as  if  lie  had  signed  it,  unless  the  General  Assembly,  by  theii- 
adjournment,  ])revent  its  retm-n,  in  which  case  it  shall  not  be  a 
law. 

I  7.  Every  order,  resolution  or  vote,  to  which  concurrence  of 
both  Houses  may  be  necessary,  except  on  questions  of  adjourn- 
ment, shall  be  presented  to  the  Governor,  and  before  it  shall  take 
effect,  be  approved  by  him,  or  being  disapproved,  be  re-passed 
by  both  Houses,  according  to  the  rules  and  limitations  jirescribed 
in  case  of  a  bill. 

18.  In  case  of  the  impeachment  of  the  Governor,  his  removal 
from  office,  death,  refusal  to  qualify,  resignation,  or  absence  from 
the  State,  the  President  of  the  Senate  shall  exercise  all  the  power 
and  authority  appertaining  to  the  office  of  Governor,  during  the 
term  for  which  the  Governor  was  elected,  unless  the  General 
Assembly  shall  provide  by  law  for  the  election  of  a  Governor  trt 
fill  such  vacancy;  oi-,  until  the  Govei'iior  absent,  oi-  iiiipeached, 
>l)all  return  or  be  acquitted. 

19.  If,  during  the  vacancy  of  the  office  of  (Governor,  the  Presi- 
dent of  the  Senate  shall  be  impeached,  removed  from  office,  re- 
fuse to  qualify,  resign,  die  or  be  absent  from  the  State,  the  Speaker 
of  the  House  of  Ke]>resentatives  shall  in  like  jnanner  administer 
the  Government. 

•JO.  The  President  (jf  the  Senate  or  Speaker  of  the  House  of 
flepresentatives,  during  the  time  he  administers  the  government, 
shall  receive  the  same  c()mpensation  which  the  Governor  would 
have  received.  ^ 

21.  It  shall  be  the  duty  of  the  General  Assembly  to  ])rovide 
for  the  ]»urchase  or  erection  of  a  suitable  building  for  the  resi- 
dence of  the  Governor ;  and  the  Governor  shall  reside  at  the  seat 
'if  government.  But  whenever  by  reason  of  danger  from  an 
enemy,  or  from  disease,  the  Governor  may  deem  the  capital  un- 


safe,  he  may  by  proclamation  fix  the  seat  of  government  at  some 
secure  place  Avithin  tlie  State,  tmtil  such  danger  cease. 

22.  No  person  shall  -hold  the  office  of  Governor  and  any  other 
office  or  commission,  civil  or  military,  either  in  this  State,  or 
under  tlie  Confederate  States,  or  any  other  power,  at  one  an<l 
the  same  time,  except  the  President  of  the  Senate,  or  the  Speaker 
of  the  House  of  Representatives,  when  lie  shall  hold  the  office  as 
aforesaid. 

23.  A  State  Treasurer  and  Comptroller  of  ]*ublic  Accounts 
shall  be  elected  cA'cry  tAvo  years  by  joint  A'ote  of  both  Houses  of 
tJie  General  Assembly. 

ARTICLE  JV. 

I.KGI.SI.ATIA'K    UKPARTMEXr. 

1.  The  Legislative  poAver  of  this  State  shall  be  vested  in  two 
distinct  branches,  tlie  one  to  be  styled  the  Senate,  the  other  the 
House  of  RepresentatiAc.s,  and  both  together  the  "General  As- 
sembly of  the  State  of  Florida,"  and  the  style  of  all  the  hiAvs  shall 
be,  "  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  State  of  Florida  in  General  Assembly  convened." 

2.  The  members  of  the  House  of  Rc{)resentatives  shall  he  cho 
sen  by  the  qualified  A'oter.s,  and  .shall  serve  for  the  term  of  tAvo 
years  from  and  after  the  day  of  the  first  election  imder  this  amen- 
ded Constitution,  and  no  longer;  and  the  sessions  of  the  General 
Asseml)ly  shall  be  annual,  and  commence  on  the  third  Monday 
m  Xovember  in  each  year,  or  at  such  other  times  as  may  be  j>re- 
scribed  by  laAv. 

3.  The  Representatives  shall  be  t-hosen  on  the  first  ^londay 
in  October,  each  and  every  second  year,  from  and  after  the  first 
election  under  this  amended  Con.stitution,  or  on  su<'h  other  <lay 
as  may  be  directed  by  laAV. 

4.  The  first  election  for  Assemblymen  under  this  Constitution, 
shall  take  place  on  the  first  ^fond.'iy  in  October,  eighteen  hun- 
dred and  sixty-two;  and  the  first  session  of  the  (ieneral  Assem- 
bly, un<ler  this  amended  Constitution,  shall  commence  on  the 
third  Monday  in  Xovember,  in  the  year  eighteen  hundred  and 
>^ixty-two. 

5.  Xo  ])erson  sIi.mII  be  a  Represe))tative  unless  he  be  a  white 
man,  a  citizen  of  the  Confederate  States  of  America,  and  shall 
have  lieen  an  inhabitant  of  the  State  two  years  next  preceding 
his  election,  and  the  last  year  thereof  a  resident  of  the  county  for 
which  he  shall  be  chosen,  and  shall  liave  alt:iined  the  age  of 
tAventy-one  years. 

a.  The  Senators  shall  be  chosen  by  the  qualified  electors  for 
the  term  of  four  years,  at  the  same  time,  in  the  same  manner, 
and  in  the  same  places  where  they  vote  for  mcnibfrs  of  the  House 


10 

of  Representatives ;  and  no  man  shall  be  a  Senator  unless  he  he 
a  white  man,  a  citizen  of  the  Confederate  States,  and  shall  liave 
been  an  inhabitant  of  this  State  two  years  next  preceding  his 
election,  and  the  last  year  thereof  a  resident  of  the  district  or 
county  for  which  he  shall  be  chosen,  and  shall  have  attained  the 
age  of  twenty-five  years. 

7.  The  House  of  Representatives,  when  assembled,  shall  choose 
a  Speaker  and  its  other  officers,  and  each  House  shall  be  judge  of 
the  qualifications,  elections  and  returns  of  its  members ;  but  a 
contested  election  shall  be  determined  in  such  manner  as  shall  be 
directed  by  laAv. 

8.  A  majority  of  each  House  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  compel  the  attendance  of  absent  members,  in  such  man- 
ner and  under  such  penalties  as  each  House  may  prescribe. 

9.  Each  House  may  determine  the  rules  of  its  OAvn  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  Avith  the  con- 
sent of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  cause. 

10.  Each  House,  during  the  session,  may  punish  by  impiison- 
luent  any  person  not  a  member,  for  disrespectful  or  disorderly 
behavior  in  its  presence,  or  for  obstructing  any  of  its  proceed- 
ings, provided  such  imprisonment  shall  not  extend  beyond  the 
end  of  the  session. 

11.  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
cause  the  same  to  be  published  immediately  after  its  adjourn- 
ment ;  and  the  yeas  and  nays  of  the  members  of  each  House  shall 
be  taken  and  entered  upon  the  journals  upon  the  final  passage  of 
every  bill,  and  may,  by  any  two  members,  be  required  upon  any 
other  question ;  and  any  member  of  either  House  shall  have  lib- 
erty to  dissent  from  or  protest  against  any  act  or  resolution  Avhich 
lie  may  think  injurious  to  the  public  or  an  individual,  and  have 
the  reasons  of  his  dissent  entered  on  the  journal. 

12.  Senators  and  Representatives  shall,  in  all  cases,  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest 
dui-ing  the  session  of  the  General  Assembly,  and  in  going  to  or 
returning  from  the  same,  allowing  one  day  for  every  twenty 
miles  such  member  may  reside  from  the  place  at  which  the 
General  Assembly  is  convened ;  and  for  any  speech  or  debate  in 
either  House,  they  shall  not  be  questioned  in  any  other  place. 

13.  The  General  Assembly  shall  make  provision  by  law  for 
filling  vacancies  that  may  occur  in  either  House  by  the  death, 
resignation  (or  otherwise)  of  any  of  its  members. 

14.  The  doors  of  each  House  shall  be  open,  except  on  such 
occasions  as  in  the  opinion  of  the  House  the  public  safety  may 
imperiously  require  secresy. 

.  15.  Neither  House  shall,  without  the  consent  of  the  other. 


11 

adjourn  for  more  tlian  three  days,  nor  to  any  other  place  than 
that  in  which  they  may  be  sitting. 

16.  Bills  may  originate  in  either  House  of  the  General  Assem- 
bly, and  all  bills  passed  by  one  House  may  be  discussed,  amended 
or  rejected  by  the  other ;  but  no  bill  shall  have  the  force  of  law 
until  on  three  several  days  it  be  read  in  each  House  and  free  dis- 
cussion be  allowed  thereon,  unless,  in  cases  of  urgency,  four- 
fifths  of  the  House  in  which  the  same  shall  be  depending,  may 
deem  it  expedient  to  dispense  with  the  rule ;  and  every  bill  hav- 
ing passed  both  Houses,  shall  be  signed  by  t!ie  Speaker  and 
President  of  their  respective  Houses. 

1 7.  Plach  member  of  the  General  Assembly  shall  receive  from 
the  i)ublic  treasury  such  compensation  for  his  services  as  may  be 
fixed  by  la^^^  but  no  increase  of  compensation  shall  take  effect 
during  the  term  for  which  the  Representatives  were  elected 
when  such  law  was  passed. 

18.  The  number  of  mcml)ers  of  the  House  of  Representatives 
shall  never  exceed  sixty. 

19.  The  sessions  of  the  General  Assembly  shall  not  extend  in 
duration  over  thirty  days,  unless  it  be  deemed  expedient  by  a 
concurrent  majority  of  two-thirds  of  the  members  of  each  House, 
and  no  member  shall  receive  pay  from  the  State  for  his  services 
after  the  expiration  of  sixty  days  continuously  from  the  com- 
mencement of  the  session. 

20.  The  General  Assembly  may  by  laAv  authorize  the  Circuit 
Court  to  grant  licenses  for  building  toll-bridges  and  to  establish 
ferries,  and  to  regulate  the  tolls  of  both,  to  construct  dams  across 
streams  not  navigable,  to  ascertain  and  declare  what  streams  are 
navigable ;  but  no  special  law  for  such  purjiose  shall  be  made. 

21.  The  General  Assembly  shall  ])ass  a  general  law  prescrib- 
ing the  maimer  in  which  names  of  persons  may  be  changed,  but 
no  special  law  for  such  j)urpose  shall  be  passed;  and  no  law  shall 
be  made  allowing  married  women  or  minors  to  contract  or  to 
nianage  their  estates,  or  to  legitimate  bastards. 

22.  The  General  Assembly  shall  have  power  to  tax  the  lauds 
and  slaves  of  non-residents  higher  than  the  like  property  of 
residents. 

23.  The  public  lands  accruing  to  the  State  in  consequence  oi" 
the  dissolution  of  the  late  Union  between  Florida  and  the  United 
States,  shall  l)e  applied  exclusively  to  the  payment  of  the  debt 
and  necessary  expenses  of  the  State,  and  no  laAv  shall  be  passed 
granting  such  lauds  for  any  other  purpose. 

24.  The  General  Assembly  shall  pass  a  general  law  for  the  in- 
corporation of  towns,  religious,  literary,  scientific,  benevolent, 
military  and  other  associations,  not  commercial,  industrial  or 
financial,  but  no  special  act  incorporating  any  such  associations,^ 
«hall  be  passed. 


12 

25.  No  act  incorporatiiiy;  any  railroad,  UankiiiL!,',  insurance, 
cominercial,  industrial,  or  financial  corporation,  shall  be  intro- 
duced into  the  General  Assembly,  unless  the  person  or  persons 
applying  for  such  incorporation  shall  ha\'e  deposited  with  the 
Treasurer  the  sum  of  one  hundred  dollars  as  a  bonus  to  the 
State. 

26.  Officers  shall  be  removed  from  office  for  iiica})acity,  mis- 
conduct, or  neglect  of  duty ;  and  Avhere  no  special  mode  of  trial 
is  provided  by  the  Constitution,  the  (4eneral  Assembly  shall  pass 
a  law  providing*  the  mode  in  which  such  trials  shall  be  had, 
Avhich  shall  be  before  a  jury  and  in  the  Circuit  Court. 

27.  The  General  ^Vssembly  shall  have  power  to  create  s])ecial 
tribunals  for  the  trial  of  offences  committed  by  slaves,  free  ne- 
groes and  mulattoes ;  and  until  the  General  Assembly  otherwise 
provides,  there  is  hereby  created  a  Court  in  each  county,  Avhich 
shall  consist  of  two  Justices  of  the  l^eace,  and  t^velve  citizens, 
being  qualitied  Jurors  of  the  comity,  who  shall  have  power  to 
try  all  cases  of  felony  committed  in  their  county  by  slaves,  free 
negroes  and  mulattoes.  A  majority  of  said  Court  may  pronounce 
judgment,  and  all  trials  before  it  shall  be  had  upon  the  statement 
of  the  offence  in  the  Avarrant  of  arrest,  and  without  presentment 
or  indictment  by  a  Grand  Jury.  The  Slieriff  of  the  county  shall 
act  as  the  ministerial  officer  of  said  Court,  and  the  citizens  Avho, 
with  the  Justices,  are  to  compose  the  same,  shall  be  sselected  by 
said  Justices  and  suimnoned  to  attend  by  the  Sheriff;  aiid  a]i- 
peals  from  the  judgment  of  said  Court  shall  be  had  to  the  Cir- 
cuit Court  of  the  county  u])on  an  order  made  by  the  Jitdge 
thereof,  upon  an  inspection  of  the  record  of  the  trial,  full  minutes 
of  which  shall  be  made  by  the  said  Justices,  and  such  appeal, 
when  allowed,  shall  ojjerate  as  a  supei'sedeas  of  the  judgment. 

ARTICLE  V. 

.irDICIAL    J^EPAl^TMKNT. 

1.  The  Judicial  power  of  this  State,  both  as  to  matters  of  law 
and  equity,  shall  be  vested  in  a  Supreme  Couit,.  Courts  of  Chan- 
cery, Circuit  Courts  and  Justices  of  the  Peace,  provided  the  Gener- 
f  ral  Assembly  may  also  vest  such  criminal  jurisdiction  as  may 
be  deemed  necessary  incorporation  Courts;  but  such  jurisdic- 
tion shall  not  extend  to  capital  offences. 

2.  The  Supreme  Court,  except  in  cases  otherAvise  directed  in 
this  Constitution,  shall  have  appellate  jurisdiction  only,  which 
shall  be  co-extensi\'e  Avith  the  State,  under  such  restrictions  and 
regulations,  not  re})Ugnant  to  this  Constitution,  as  may  from  time 
to  time  be  prescribed  by  law,  provided  that  the  said  Court  shall 
ahvays  have  poAver  to  issue  Avrits  of  injunction,  mandamus,  quo 
Avarranto,  habeas  corpus,  and  snch  othei-  remedial  and  original 


■writs  as  niay  be  necessary  to  give  it  a  general  sni)erintendence 
nnd  control  of  all  other  Courts. 

3.  The  Supreme  Court,  when  organized,  shall  be  holden  at  such 
times  and  places  as  may  he  ]»rovided  by  law. 

4.  The  State  shall  be  divided  into  convenient  Circuits ;  and  for 
each  Circuit  there  shall  be  a  Judge,  who  shall,  after  his  election 
or  appointment,  reside  in  the  Circuit  fgr  which  he  has  been  elec- 
ted or  aj>pointed,  and  shall  at  stated  times  receive  for  his  servi- 
ces a  salary  of  not  less  than  two  thousand  dollars  per  annum, 
which  shall  not  be  diminished  during  the  continuance  of  such 
judge  in  office;  but. the  judges  shall  receive  no  fees  or  perquis- 
ites of  office,  nor  hold  any  other  office  of  jirofit  under  tlie  State, 
the  Confederate  States,  or  any  other  jtower. 

5.  The  Circuit  Courts  shall  have  original  jurisdiction  in  all 
matters,  civil  and  criminal,  within  this  State,  not  otherwise  ex- 
cepted in  this  Constitution. 

6.  A  Circuit  Court  shall  be  held  in  sucli  counties  and  at  such 
times  and  places  therein  as  may  be  ]i>escril)ed  by  law,  and  the 
judges  of  the  several  Circuit  Courts  may  hold  cfjurts  for  each 
other,  and  shall  do  so  when  directed  by  law. 

7.  The  General  Assembly  shall  have  power  to  establish  and 
firganize  a  separate  Court  or  Courts  of  <iriginal  Equity  jurisdic- 
tion ;  but  until  such  Court  or  Courts  shall  be  established  and 
organized,  the  Circuit  Courts  shall  exercise  such  jurisdiction. 

8.  The  General  Assembly  shall  provide  bylaw  for  the  ajjpoint- 
meut  in  each  County  of  an  officer  to  take  jjrobate  of  wills,  to 
grant  letters  testamentary,  of  administration  and  guardianship,  to 
attend  to  the  settlement  of  the  estates  of  decedents,  and  of  mi- 
nors, and  to  discharge  the  duties  usually  appertaining  to  courts  of 
ordinary,  sul»jeot  to  the  direction  and  suj)ervision  of  the  Courts 
of  Chancery,  as  may  be  provided  by  law. 

9.  A  competent  mimber  of  Justices  of  the  Peace  shall  be,  from 
time  to  time,  a])pointed  or  elected,  in  and  for  each  County,  in 
such  mode  and  for  such  term  of  office  as  the  General  .Vssembly 
may  direct,  and  shall  possess  such  jurisdiction  as  may  be  j^re- 
scril)ed  by  law;  and  in  cases  tried  before  a  Justice  of  the  Peace, 
the  right  of  appeal  shall  be  secured,  under  such  rules  and  regula- 
tions as  may  be  prescribed  by  law. 

10.  Judges  of  the  Supreme  Court,  Chancellors,  and  Judges  of 
the  Circuit  Court,  shall  Ije  ap])ointed  by  the  Governor,  ])y  and 
with  the  advice  and  consent  of  two-thirds  of  the  Senate,  when  in 
session,  and  hold  office  for  the  term  of  six  years  from  the  date  of 
their  appointment,  miless  sooner  removed  under  the  provisions 
made  in  this  Constitution  for  the  removal  of  Judges  by  address 
or  inf^>eachment :  and  tor  wilful  neglect  of  duty  or  other  reason- 
able cause,  Avhich  shall  not  be  sufficient  ground  for  impeachment, 
the  Governor  ^liall  remove  anv  of  them  c>n  the   address  of  two- 


14 

thirds  of  the  General  Assembly  :  J'rorided,  hoiret'cr,  'fliat  the 
cause  or  causes  sliall  be  stated  at  length  in  such  address,  and  en- 
tered on  the  journals  of  each  House:  And  j^^'ovided  further. 
That  the  cause  or  causes  shall  be  notified  to  the  Judge  so  inten- 
ded to  be  removed,  and  he  shall  be  admitted  to  a  hearing  in  his 
own  defence  before  any  vote  for  such  removal  shall  pass,  and  ui 
such  cases  the  vote  shall  ,be  taken  by  yeas  and  nays  and  entered 
on  the  journals  of  each  House  respectively. 

11.  Whenever  the  General  Assembly  shall  create  a  separate 
Chancery  Court,  under  the  provisions  of  this  Constitution,  the 
•Judges  thereof  shall  be  elected  in  the  manner  j^rovided  in  the 
1 0th  clause  of  this  article,  and  shall  hold  their  offices  for  tlu- 
same  terra,  and  be  subject  to  all  the  provisions  of  said  clause. 

12.  The  Clerk  of  the  Supreme  Court,  and  the  Clerks  of  the 
Coiu'ts  of  Chancery  shall  be  appointed  by  the  Judges  of  their  re- 
spective Courts ;  and  the  Clerks  of  the  Circuit  Courts  shall  be 
elected  by  the  qualified  electors,  in  such  mode  as  may  be  i)re- 
scribed  by  law. 

13.  The  Justices  of  the  Supreme  Court,  Chancellors  and  Judges^ 
of  the  Circuit  Courts,  shall,  by  virtue  of  their  offices,  be  conser- 
vators of  the  peace  throughout  tho  State,  and  Justices  of  the 
Peace  in  their  respective  counties. 

14.  The  style  of  all  process  shall  be  "The  State  of  Florida,'' 
and  all  criminal  prosecutions  shall  be  carried  on  in  the  name  of 
the  State  of  Florida,  and  all  indictments  shall  conclude,  "against 
the  peace  and  dignity  of  the  same." 

15.  There  shall  be  an  Attorney  General  for  the  State,  who 
shall  reside  at  the  seat  of  Government.  It  shall  be  his  duty  to 
attend  all  sessions  of  the  General  Assembly,  and  upon  the  pas- 
sage of  any  act,  to  draft  and  submit  to  the  General  Assembly,  at 
the  same  session,  all  necessary  forms  of  proceedings  imdcr  such 
laAVS,  which,  Avhen  approved,  shall  be  published  therewith ;  and 
he  shall  perform  such  other  duties  as  may  be  prescribed  by  law. 
He  shall  be  elected  by  joint  vote  of  the  two  Houses  of  the  Gene- 
ral Assembly,  and  shall  hold  his  office  for  two  years,  but  may 
be  removed  by  the  Governor  on  the  address  of  two-thirds  of  the 
two  Houses  of  the  General  Assembly,  and  shall  receive  for  his 
services  a  compensation  to  be  fixed  by  law. 

16.  There  shall  be  one  Solicitor  for  each  Circuit,  who  shall 
reside  therein  and  shall  be  elected  by  the  qualified  voters  of  such 
Circuit,  on  the  first  Monday  in  October  in  the  year  one  thousand 
eight  hundred  and  sixty-one,  and  every  four  years  thereafter,  or 
at  such  time  as  the  General  Assembly  may  by  law  prescribe,  and 
he  shall  receive  for  his  services  a  compensation  to  be  fixed  by 
law. 

11.  No  Justice  of  the  Supreme  Court  shall  sit  as  Judge  or  take 


15 

part  ill  the  appellate  Court  on  the  trial  or  hearing  of  any  case 
which  shall  have  been  decided  by  him  in  the  Court  below. 

18.  The  General  Assembly  shall  have  power  to  establish  in 
each  county  a  Board  of  Commissioners  for  the  regulation  of  the 
county  business  therein. 

19.  No  duty,  not  judicial,  shall  be  imposed  by  huv  upon 
the  Justices  of  the  Supreme  Court,  Chancellors,  or  the  Judge;* 
of  the  Circuit  Courts,  of  this  State. 

ARTICLE  VI. 

THE  RIGHT  OF  SUFFRAGE  AND  QUALIFICATIONS  OF  OFFICERS  ;    CIVll. 
OFFICERS,  AND  IMPEACHMENTS  ANT>  REMOVALS  FR0:SI  OFFICE. 

1.  Every  free  white  male  person  of  the  age  of  twenty-one 
years  and  upwards,  and  who  shall  be  at  the  time  of  offering  to 
vote,  a  citizen  of  the  Confederate  States,  and  wlio  shall  have  re- 
sided and  liad  his  habitation,  domicil,  liotue  and  place  of  perma- 
nent abode  in  Florida  for  one  year  next  preceding  the  election 
at  which  he  shall  offer  to  vote,  and  wlio  shall  have  at  such  time 
and  for  six  montlis  immediately  ]>receding  said  time,  sliall  have 
had  his  habitation,  domicil,  home  and  ))lace  of  permanent  abode 
in  the  county  in  which  he  may  offer  to  vote,  and  shall  hare  j)aid 
all  taxes  due  by  him  at  least  five  days  before  the  day  of  election, 
shall  be  deemed  a  qualified  elector  at  all  elections  under  this 
Constitution,  and  norte  others  shall  be,  except  in  elections  by 
general  ticket  in  the  State  or  District  prescribed  by  law,  in 
which  cases  the  elector  must  have  been  a  resident  of  the  State 
one  year  next  preceding  the  election,  and  six  months  within  the 
election  district  in  which  he  offers  to  vote:  Provided^  That  no 
person  in  the  regular  army  or  navy  of  the  Confederate  States, 
unless  he  be  a  qualified  elector  of  the  State  previous  to  his  entry 
in  the  regular  army  or  navy  of  the  Confederate  States,  or  of  the 
revenue  service,  shall  be  considered  a  resident  of  the  State  in 
consequence  of  being  stationed  within  the  same. 

2.  The  General  Assembly  shall  have  power  to  exclude  from 
every  office  of  honor,  trust  or  profit  within  the  State,  and  from 
the  right  of  suffrage,  all  persons  convicted  of  bribery,  perjury  or 
other  infjimous  crime. 

3.  No  person  shall  be  capable  of  holding  or  being  elected  to 
any  post  of  honor,  profit,  trust  or  emolument,  civil  or  miUtary. 
legislative,  executive  or  judicial,  under  the  government  of  this 
State,  who  shall  hereafter  fight  a  duel  or  send  of  accept  a  chal- 
lenge to  fight  a  duel,  the  probable  issue  of  which  may  be  the 
death  of  the  challenger  or  challenged,  or  who  shall  be  a  second 
to  either  party,  or  who  shall  in  any  manner  aid  or  assist  in  such 
duel,  or  shall  be  knowingly  the  bearer  of  such  challenge  or  ac- 
4'eptance,  whether  the  same  occur  or  be  committed  in  or  out  of 


16 

the  State ;  but  iha  legal  disability  f^liall  not  accrue  until  after 
trial  and  conviction,  accordmg  to  due  form  of  law. 

4.  Xo  person  who  may  hereafter  be  a  collector  or  holder  of 
public  moneys  shall  have  a  seat  in  either  House  of  the  General 
Assembly,  or  be  eligible  to  any  office  of  trust  or  profit  undei- 
this  State,  imtil  he  shall  have  accounted  for  and -paid  into  the 
treasury  all  sums  for  which  he  may  be  accountable. 

o.  Xo  Governor,  member  of  Congress  or  of-  the  General 
Assembly  of  this  State,  shall  receive  a  fee,  be  engaged  as  coun- 
sel, agent  or  attorney  in  any  civil  case  or  claim  against  this  State, 
or  to  which  this  State  shall  ^be  a  party,  during  the  time  he  shall 
remain  in  office. 

6.  Xo  Senator  or  Representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  be  a])pointed  to  any  civil 
office  of  profit  under  this  State  Avhich  shall  have  been  created, 
or  the  emoluments  of  which  shall  have  been  increased  during 
such  term,  except  such  offices  as  niay  be  filled  by  elections  by 
the  peoj^le. 

V.  Members  of  the  General  Assembly  and  all  officers,  civil  oj 
military,  before  they  enter  upon  the  execution  of  their  respec- 
tive offices,  shall  take  the  following  oath  or  affirmation:  I  do 
swear  (or  affirm)  that  I  am  duly  quaUfied,  according  to  the  Con- 
stitution of  this  State,  to  exercise  the  office  to  which  I  have  been 
elected  (or  appointed,)  and  will,  to  the  best  of  my  abilities  dis- 
i'harge  the  duties  thereof,  and  preserve,  jTi-otect  and  defend  the 
Constitution  of  this  State,  and  of  the  Confederate.  States  of 
.Vmerica. 

8.  Every  person  shall  l»e  disqualified  from  serving  as  Gover- 
nor, Senator,  Representative,  or  from  holding  any  other  office  oi" 
honor  or  profit  in  this  State,  for  the  term  for  which  he  shall  have 
been  elected,  Avho  shall  have  been  convicted  of  having  given  or 
offered  any  bribe  to  jirocui'e  his  election. 

9.  Laws  shall  be  made  by  the  General  .\ssend)ly  to  exclude 
from  office  and  from  suflfrage  those  who  shall  have  been  or  ma}' 
hereafter  be  convicted  of  b)'ibery,  perjury,  forgery,  or  other  high 
crime  or  misdemeanor ;  and  the  privilege  of  sufii-age  shall  be  sup- 
ported by  laws  i-egHlating  elections  and  prohibiting  under  ade- 
ijuate  penalties,  all  undue  influence  thereon,  from  power,  bribery, 
tumult,  or  other  improper  })ractices. 

10.  All  civil  officers  of  the  State  at  large  shall  reside  within 
the  State,  and  all  district  or  county  officers  within  their  respec- 
tive districts  Or  counties,  and  shall  keep  their  respect i^■e  offices 
at  such  places  therein  as  may  be  required  by  law. 

11.  It  shall  be  tlie  duty  of  the  General  iVssembly  to  regulate 
by  law  in  what  cases,  and  what  deduction  from  the  salaries  of 
public  officers  shall  be  made  for  neglect  of  duty  in  their  official 
('•a|)acit}'. 


IT 

12.  Returns  of  elections  for  members  of  Congress  and  the  Gen- 
eral Assembly,  shall  be  made  to  the  Secretary  of  State,  in  man- 
ner to  be  prescribed  by  law. 

13.  Li  all  elections  by  the  General  Assembly  the  vote  shall  be 
viva  voce,  and  in  all  elections  by  the  people  the  A-ote  shall  bo  bv 
ballot. 

14.  No  member  of  Congress  or  person  holding-  or  exercising 
any  office  of  profit  nnder  the  Confederate  States,  or  nnder  any 
foreign  power,- shall  be  eligible  as  a  member  of  the  General  As- 
sembly of  this  State,  or  hold  or  exercise  any  office  of  ])rofit  un- 
der the  State ;  and  no  person  in  this  State  shall  ever  hold  two 
offices  of  jn'ofit  at  the  same  time,  except  the  office  of  Justice  of 
the  Peace,  Notary  Public,  Constable  and  jMilitia  offices. 

15.  The  General  iVssembly  shall,  liy  law,  ])rovi(le  for  the  ap- 
pointment or  election  and  the  removal  from  office  of  all  officei'S, 
civil  and  military,  in  this  State,  not  provided  for  in  tliis  Constitu- 
tion. 

IG.  The  power  of  impcMcluiunl  shall  be  vested  in  tlu'  Ilouso 
of  Ilepresentatives. 

17.  All  impeachments  shall  be  tried  by  the  Senate,  and,  when 
sitting  for  that  i)urpose,  the  Senators  shall  be  upon  oath  or  affirm- 
ation, and  no  person  shall  be  convicted  without  the  concurrenct- 
of  two-thirds  of  the  members  present. 

IS.  The  Governor  and  all  civil  officers  shall  In-  liable  t«t  im- 
peachment for  any  misdemeanor  in  office;  but  Judgment  in  such 
cases  shall  not  extend  further  than  t<»  removal  from  office  and 
disqualification  to  hold  any  office  of  honor,  trust  or  profit  under 
this  State:  but  the  i)arties  shall  nevertheless  be  liable  to  indict- 
tnent,  trial  and  punishment,  according  to  laAv. 

AllTICLE  VTT. 

MILITIA. 

1.  All  militia  officers  shall  be  elected  or  appointed  under  sucli 
rules  and  regulations  as  the  General  Assembly  may  from  time  to 
time  direct  and  (."stablish. 

2.  All  oftences  against  the  militia  laws  shall  be  tried  by  Court 
Martial  or  before  a  court  and  jury,  as  the  General  Assembly  may 
direct. 

3.  No  commissiou  shall  be  vacated  except  by  sentence  of 
Court  Martial. 

ARTICLE  VIII. 

TAXATION    AND    UEVENUK. 

I.  The  General  Assembly  shall  devise  and  adopt  a  system  of 
revenue,  having  regard  to  an  equal  and  uniform  mode  of  taxa- 
tion to  be  general  throughout  the  State. 


18 

'1.  No  other  or  greater  amount  of  tax  or  revenue  shall  at  any 
time  be  levied,  than  may  be  required  for  the  necessary  expenses 
of  government. 

3.  No  money  shall  be  drawn  from  the  Treasury  but  in  conse- 
quence of  an  appropriation  by  law,  and  a  regular  statement  of 
the  receipts  and  the  expenditures  of  all  public  monies  shall  be 
published  and  promulgated  annually  with  tliclaws  of  the  Gener- 
al Assembly. 

4.  The  General  Assembly  shall  have  power  to  authorize  the 
several  counties  and  incorporated  towns  in  this  State  to  impose 
taxes  for  county  and  corporation  purposes,  respectively,  and  all 
property  shall  be  taxed  upon  the  principles  established  in  regard 
10  State  taxation. 

ARTICLE  IX. 

CENSUS  AND  APPORTIONMENl'  OF    REPRESENTATION. 

J .  The  General  Assembly  shall,  in  the  year  one  thousand  eight 
himdred  and  sixty-five,  and  every  tenth  year  thereafter,  cause  an 
enumeration  to  be  made  of  all  the  inhabitants  of  the  State,  and 
to  the  whole  number  of  free  white  inhabitants  shall  be  added 
three-fifths  of  the  number  of  slaves,  ;ind  they  shall  then  proceed 
to  apportion  the  representation  equally  among  the  difierent 
counties,  according  to  such  enumeration,  giving,  lioMCver,  one 
representative  to  evei*y  county,  and  increasing  the  number  of 
representatives  on  a  uniform  ratio  of  population,  according  to 
the  foregoing  basis,  and  which  ratio  shall  not  be  changed  until  a 
new  census  shall  have  been  taken. 

2.  The  General  Assembly  shall  also,  after  every  such  enumer- 
ation,-proceed  to  fix  by  law  the  number  of  Senators  which  shall 
constitute  the  Senate  of  the  State  of  Florida,  and  which  shall 
never  be  less  than  one-fourth,  nor  more  than  one  half  of  the 
whole  number  of  the  House  of  Representatives ;  and  they  shall 
Lay  off  the  State  into  the  same  number  of  senatorial  districts,  as 
nearly  equal  in  the  number  of  inhabitants  as  may  be,  according 
to  the  ratio  of  representation  established  in  the  preceding  sec- 
tion, each  of  which  districts  shall  be  entitled  to  one  Senator. 

:5.  When  any  senatorial  district  shall  be  composed  of  two  or 
more  counties,  the  counties  of  which  such  district  consists  shall 
not  be  entirely  separated  by  any  county  belonging  to  another 
district,  and  no  county  shall  be  divided  in  forming  a  district. 

4.  No  county  now  organized  shall  be  divided  into  new  coun- 
ties so  as  to  reduce  the  inhabitants  of  either  below  the  ratio  of 
representation. 


19 
ARTICLE  X. 

EDUCATION.      ' 

1.  The  proceeds  of  all  lands  that  have  beeu  granted  by  itie 
United  States  for  the  use  of  Schools  and  a  Seminary  or  Semina- 
ries of  Learning,  shall  be  and  remain  a  perpetual  fund,  the  inter- 
est  of  which,  together  with  all  moneys  derived  from  any  other 
source,  applicable  to  the  same  object,  shall  be  inviolably  appro- 
priated to  the  use  of  Schools  and  Seminaries  of  Learning  respec- 
tively, and  to  no  other  purpose. 

2.  The  General  Assembly  shall  take  such  measures  as  may  be 
uecessary  to  preserve,  from  waste  or  damage,  all  land  so  granted 
and  appropriated  to  the  jjurposes  of  Education. 

ARTICLE  XI. 

PLHLK     DOMAIN    AND    IXTEUXAL   IMI'lIOVEMENl.S. 

1 .  It  shall  be  the  duty  of  the  General  Assembly  to  provide  for 
the  prevention  of  waste  and  damage  of  the  public  lands,  now 
possessed  or  that  may  hereafter  be  ceded  to  the  State  of  Florida, 
and  it  may  pass  laws  for  the  sale  of  any  part  or  portion  thereof, 
and  in  such  case  ])rovide  for  the  salt?ty,  security  and  ap})ropri.'V- 
tion  of  the  proceeds.  * 

2.  .V  liberal  system  of  Internal  Improvements  being  essential 
to  the  development  of  the  resources  of  the  country,  shall  be  en- 
couraged by  the  government  of  this  State;  and  it  shall  be  the 
duty  of  the  General  Assembly,  as  soon  as  practicable,  to  as- 
certain by  law  proper  objects  of  improvement  in  relation  to 
roads,  canals  and  navigable  streams,  and  to  pi'ovide  for  a  suita- 
ble application  of  such  funds  as  may  be  a|>)>ropriated  for  such 
impi'ovements. 

ARTICLE  XII. 

BOUNDAIUKS. 

1.  The  jurisdiction  of  the  State  of  P'lorida  shall  extend  ovef 
the  Territories  of  East  and  West  Florida,  which,  bv  the  treaty  oi 
amity,  settlement  and  limits  between  the  United  States  and  his 
Catholic  Majesty,  on  the  22d  day  of  February.  A.  D.  1810,  were 
*eded  to  the  United  States. 

ARTICLE  XIII. 

BANKS   AND   OTHER   CORPORATIONS. 

1.  The  General  Assembly  shall  pass  no  act  of  incorporation  or 
nake  any  alteration  therein  unless  with  the  assent  of  at  least  two- 


20. 

thirds  of  each  house,  and  unless  public  notice,  in  one  or  more 
newspapers  in  the  State,  shall  have  been  given,  for  at  least  throe 
months  immediately  preceding  the  session  at  which  Uw  same 
may  be  applied  for. 

2.  No  banking  corporation  shall  be  created  or  continue,  which 
is  composed  of  a  less  number  than  twenty  individuals,  a  major- 
ty  of  whom  at  least  shall  be  residents  of  the  State ;  and  no  other 
corporation  shall  be  created  or  continue  composed  of  a  less  num- 
ber than  ten,  of  whoin  at  least  five  shall  be  residents  of  this 
State. 
..  3.  No  bank  charter  or  any  act  of  incorporation  granting  ex- 
clusive privileges,  shall  be  granted  for  a  longer  }>eriod  than  twen- 
ty years. 

4  The  charters  of  banks  granted  by  the  General  .Vssembly 
shall  restrict  such  banks  to  the  business  of  exchange,  discount 
and  depositc  ;  and  they  shall  not  speculate  or  deal  in  real  estate 
or  the  stock  of  other  corporations  or  associations,  or  in  any  mer- 
chandise or  chattels,  or  be  concerned  in  insurance,  manuiactu- 
ring,  exportation  or  importation,  except  of  bullion  or  specie ; 
shall  not  act  as  trustee  in  anywise,  nor  shall  they  own  real  es- 
tate or  chattels,  except  such  as  shall  be  necessary  for  their  ac- 
tual use  in  the  transaction  of  business,  or  which  may  be  pledged 
as  further  security  or  received  towards  or  in  satisfaction  of  pre- 
viously contracted  debts,  or  purchased  at  legal  sales  to  satisfy 
such  debts,  of  which  they  shall  be  required  to  make  sale  Avithin 
two  years  after  the  acquisition  thereof. 

5.  The  capital  stock  of  any  bank  shall  not  be  less  than  one 
hundred  thousand  dollars,  and  shall  be  created  only  by  the  ac- 
tual payment  of  specie  therein  ;  and  no  bank  shall  borrow  money 
to  create  or  add  to  its  capital  oi'  to  conduct  its  l)usiness,  and  no 
loans  shall  be  made  on  stock. 

6.  All  liabilities  of  such  banks  shall  be  payable  in  specie.  The 
aggregate  of  the  liabilities  and  issues  of  a  bank,  exclusive  of  de- 
posits, shall  at  no  time  exceed  double  the  amount  of  its  capital 
stock  paid  in. 

7.  No  dividends  of  profits  exceeding  ten  per  centum  per  an- 
num on  the  capital  stock  paid  in  shall  be  made,  but  all  profits 
over  ten  per  centum  per  annum  shall  be  set  apart  and  retained 
',iS  a  safety  fund. 

8.  Stockholders  in  a  •  bank,  A\'lien  an  act  of  Ibrfeiture  of  its 
charter  is  committed,  or  when  it  is  dissolved  or  expires,  shall  be 
individually  and  severally  liable  for  the  payment  of  all  its  debts, 
in  proportion  to  the  stock  owned  by  each. 

9.  Banks  shall  be  o])en  to  inspection,  under  such  regulations  as 
may  be  prescribed  by  law,  and  it  shall  be  the  duty  of  the  Goa  er- 
nor  to  appoint  a  person  or  persons,  not  connected  in  any  manner 
Avith  any  bank  In  tlie  State,  to  examine  at  least  once,  a  year  int*"* 


21 

their  stale  and  condition  ;  and  the  officers  of  every  bank  shall 
make  quarterly  returns  to  the  Governor  of  its  state  and  condition, 
and  the  names  of  the  stockholders  and  shares  held  by  each. 

10.  Hon  user  for  the  space  of  one  year,  or  any  act  of  a  corpo- 
ration, or  those  having?  the  control  or  management  thereof,  or 
intrusted  therewith,  inconsistent  with  or  in  violation  of  the  pro- 
visions of  this  constitution,  or  of  its  charter,  shall  cause  its  for- 
feiture, and  tlie  General  Assen'ibly  shall  l>y  ,ueneral  law  provide 
a  summary  ])rocess  for  the  se(iuestration  of  its  etVocts  and  assets, 
the  api)ointment  of  officers  to  settle  its  atfairs,  and  no  forfeited 
charter  shall  be  restored.  The  foregoini;-  provisions  shall  not  be 
construed  to  i)revent  the  (loneral  Assembly  from  imposing  other 
restrictions  and  provisions  in  the  creation  of  corporations. 

11.  The  (icneral  Assembly  shall  not  pledge  the  laith  and  credit, 
<»f  the -State  to  raise  funds  in  aid  of  any  corporation  whatever.  . 

ARTICLE    XIV. 

A.MKN1»U":NTS   and  KKVISIONS  of  TMK  <  ONSTn'lTTION. 

1.  No  part  of  this  Constitution  shall  be  altered  except  by  a 
Convention  <lu]y  elected.  • 

2.  No  Convention  of  the  jH'opIe  shall  be  called  unless  by  the 
concurrence  of  two-thirds  of  all  the  members  t)f  each  House  of 
the  General  Assembly,  made  known  by  the .  passing  of  a  bill 
which  shall  be  read  three  titnes  on  three  several  days  in  each 
House. 

8.  Whenever  a  Convention  shall  be  called,  proclamation  of  aa 
<^lection  for  delegates  shall  be  made  by  the  (Governor  at  least 
thirty  days  before  tlie  day  of  election.  Every  County  and  Scn- 
.-itorial  District  shall  be  entitled  to  as  niany  ilelegates  as  it  has 
representatives  in  the  .\sscnd)ly.  The  same  qualifications  shall 
Ite  required  in  delegates  and  in  electors  that  are  required  in  luem- 
bers  of  Assembly  and  voters  for  the  same  respectively,  and  the 
elections  for  delegates  to  a  Convcnition,  and  the  returns  of  such 
elections,  shall  be  held  and  made  in  the  manner  prescribed  by 
law  for  regulating  ('Ie('ti<'>ns  for  members  of  Asseml)]y,  but  the 
(\.)nveMtioii  shall  judge  of  the  qunlitications  of  its  memlxTS. 

ARTICLE  XY. 

(;i;NKiJAt,  riiovisioNs. 

1.  The  (Jeneral  Assembly  shall  have  no  power  to  pass  laws 
for  the  ejnancipation  of  slaves. 

2.  The  (tcneral  Asseml)ly  shall  have  ])ower  to  j)ass  laws  to 
prM^ent  free  negroes,  mulattocs,  a)id  other  persons  of  color  from 
immigrating  to  this  State,  or  from  being  discharged  from  on 
board  any  vessel  in  any  of  the  ports  of  Florida. 

:?.  Treason  against  the  State  shall  consist  only  in  levying  war 


2^ 

j^aiiist  it  or  in  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason  imless  on  the  tes- 
timony of  two  witnesses  to  the  same  overt  act,  or  his  confession 
in  open  court. 

4.  Divorces  from  tlie  bonds  of  matrimony  shall  not  be  al- 
lowed but  by  the  judgment  of  a  court,  as  shall  be  prescribed  by 
iaw.        • 

5.  The  General  Assembly  shall  declare  by  law  what  parts 
of  the  common  law,  and  what  parts  of  the  civil  law,  not  incon- 
sistent with  this  Constitution,  shall  be  in  force  in  this  State. 

G.  The  oaths  of  officers  directed  to  be  taken  under  this  Con- 
stitution, may  be  administered  by  any  Judge  or  Justice  of  the 
Peace  of  the  State  of  Florida,  until  otherwise  prescribed  by  law. 

7.  The  Courts  of  this  State  shall  never  entertain  jurisdiction  of 
any  grants  of  land,  in  the  Floridas,  made  by  the  King  of  Spain, 
or  by  his  authority,  subsequent  to  the  twenty-fourth  day  of  Jan- 
uary, eighteen  hundred  and  eighteen,  nor  shall  the  said  Courts 
receive  as  evidence,  in  any  case,  certain  grants  said  to  have  been 
made  by  the  said  King  of  Spain  in  favor  of  the  Duke  of  Alagon, 
the  Count  Punon  Rostro,  and  Don  Pedro  de  Vargas,  or  any  title 
derived  from  either  of  said  Grants. 


Done  iu  Convention,  of  the  People  of  Florida,  on  the  27th  day  of 
April^  one  thousand  eight  hundred  and  sixty-one,  at  the  Capi- 
lol,  at  TaUahassee. 

JOHN  C.  McGEHEE,  President. 


23 


IDEXiE<3-.A-TES 


S.  S.  ALDERMAN, 

A.  K.  ALLISON, 

J.  PATTON  ANDERSON, 

8.  J.  BAKER, 

J.  L.  G.  BAKER, 

E.  P.  BARRINGTON, 
JOHN  BEARD, 
WINER  BETHEL, 
JAS.  H.  CHANDLER, 
JOSEPH  A.  COLLIEP*, 
ISAAC  S.  COON, 
JA8.  G.  COOPER, 

J.  M.  DANIEL, 
W.  G.  M.  DAVIS. 
JAS.  B.  DAWKIN8, 
J.  O.  DEVALL, 
W.  8.  DILWORTH, 
JOSEPH  FINEGAN, 
L.  A.  FOLSOM, 
8.  M.  G.  GARY, 
JAMES  GETTIS, 
EZEKIEL  GLAZIER. 
R.  R.  GOLDEN, 
WM.  T.  GREGORY, 
GEORGE  HELVENSTON, 
8.  J.  HENDRICKS, 
THOS.  Y.  HENRY, 
GREEN  H.  HUNTER, 

F.  B.  IRWIN, 
JOHN  W.  JONES, 
JAMES  KIRKSEY, 
DANIEL  LADD, 
THOMPSON  B.  LAMAR, 
JOHN  J.  LAMB, 

A.  J.  LEA, 


DAVID  G.  LEIGH, 
DAVID  LEWIS, 
E.  C.  LOVE, 
A.  L.  McCASKILL. 
W.  McGAHAGIN, 

D.  D.  McLEAN, 

McQueen  mcintosm, 

ADAM  McNEALEY. 
R.  G.  MAYS. 
JOHN  MORRISON. 
JACKSON  MORTON, 
JAS.  A.  NEWMAN, 

A.  W.  NICHOLSON. 
JAS.  B.  OWENS, 
THOS.  M.  PALMER, 
GEO.  W.  PARKHILL, 
JOHN  C.  PELOT, 
WM.  PINKNEY, 
ISAAC  N.  RUTLAND, 
J.  P.  SANDERSON, 

B.  W.  SAXON,* 
WM.  H.  SEVER. 
8.  W.  SPENCER, 

E.  E.  SIMPSON, 
MATHEW  SOLANA, 
SAMUEL  B.  STEPHENS, 
JOS.  M.  TAYLOR.t 
JAMES  THOMAS, 

ASA  F.  TIFT. 
SIMON  TURMAN, 
GEO.  T.  WARD, 
WM.  W.  WOODRUFF, 
8.  H.  WRIGHT. 
N.  B.  YATES. 


Attest — Wm.  S.  HabriS)  Secretary  of  Convention. 


*Died  duriiig  the  first  Session.    tElected  vice  Saxon,  dfjceased. 


O  R  D I N  A  N  C  E  S . 


I    No.  23.    I 

Be  it  ordained  In/  tin:,  people  of  the  i^taU  of  Florida  in  Con- 
oentiofi  assembled^  That  tlie  lec::^l  disability,  under  the  5th  sec- 
tion of  the  Gth  article  of  tlic  Constitution,  shall  not  accrue  until 
after  trial  and  conviction,  according  to  due  form  of  law. 

Be  it  furt/nr  ordained^  That  the  tenth  section  of  the  sixth 
article  of  the  Constitution  be  and  the  snnu^  is  hereby  abrogated 
:ind  annulled. 

Done  in  open  Convention,  February,  28th,  1861. 


•   f    No.   24.    I 

Be  it  *>rdaiin:d  hy  the  peitple  of  the  iStidc  of  Florida  in.  Con- 
vention cf!<semhkd^  That  whereas,  an  act  })assed  by  tlie  General 
Assem]>ly  at  its  last  session,  entitled  "  An  Act  to  preveJit  the 
(iollection  of  debts  in  certain  cases  from  <lebtors  in  this  State," 
is  inconsistent  Avith  the  ninth  and  nineteenth  sections  of  the  first 
ai'ticlc  of  the  Constitution  of  llii-<  State,  tlie  said  act  be  and  the 
.same  is  hereby  annulled. 

Done  in  open  Convention,  Fel»ruary,  'jsth  1861. 


I    No.   26.     I 

Be  it  ordained  hij  tin-  jptvfili'  if  f},,  State  <f  Florida  in  Con- 
vention a.'ij^endjled,  That  the  (Constitution  for  the  Provisional  Gov- 
ernment of  the  Confederate  States  of  America,  recently  adopted 
by  delegates  from  the  States  of  States  of  South  Carolina,  Geor- 
gia, Alabama,  ^Mississipjii,  Louisiana  and  Florida,  assembled  in 
Congress  at  the  citv  of  Montofomerv,  be  and  the  same  i^  horebv 


26 

ratified  and  confirmed,  and  made  the  supreme  law  of  the  Statfr 
of  J'lorida,  until  such  time  as  a  permanent  Constitution  for  the 
Government  of  said  Confederate  States  shall  have  been  adopted, 
and  to  its  maintenance  and  support  "  we  pledge  our  lives,  our 
fortunes,  and  our  sacred  honors." 

Done  in  open  Convention,  February "2  8th,  1861. 


I    No.  26.    J 

An  Ordinance  to  amend  the  14th  Article  of  the  Constitution. 

Be  it  ordained  hy  the  people  of  the  State  of  Flonda  in  Con- 
nention  assembled^  That  the  14th  Article  of  the  Constitution  be 
Tind  the  same  is  hereby  altered  and  amended,  so  as  to  read  as 
follows : 

Amendments  and  revisions  of  the  Constitution. 
ARTICLE  XIY. 

Sec.  1.  No  part  of  this  Constitution  shall  be  altered,  except  by 
a.  Convention  duly  elected. 

Sec.  2.  No  Convention  of  the  People  shall  be  called,  unless 
by  the  concurrence  of  two-thirds  of  all  the  members  of  each 
House  of  the  General  Assembly,  made  known  by  the  passing  of 
a  bill,  which  shall  be  read  three  times  on  three  several  days  in 
each  House. 

Sec.  3.  Whenever  a  Convention  shall  be  called,  proclamation 
of  an  election  for  Delegates  shall  be  made  by  the  Governor,  at 
least  thirty  days  before  the  day  of  election.  Every  County  and 
Senatorial  District  shall  be  entitled  to  as  many  delegates  as  it 
has  representrtives  in  the  Assembly ;  the  same  qualifications  shall 
be  required  in  Delegates  and  in  Electors  that  are  required  in 
members  of  Assembly,  and  voters  for  the  same  respectively,  and 
the  election  for  Delegates  to  a  Convention,  and  the  returns  of 
such  elections,  shall  be  held  and  made  in  the  manner  prescribed 
by  law  for  regulating  elections  for  members  of  Assembly ;  but 
the  Convention  shall  judge  of  the  quaUfications  of  its  members. 

Done  in  open  Convention  March  1st,  1861. 


9,7 


[    No.  27.    ] 

Beit  ordmncdhy  the  people  of  the  State  of  Florida  in  Con- 
vention assembled.  That  the  General  Assembly  shall  have  power 
to  create  special  tribunals  for  the  trial  of  offences  committed  by 
slaves,  free  negroes,  and  mulattoes ;  and  until  the  General  As- 
sembly otherwise  provides,  there  is  hereby  created  a  court  in 
each  county,  which  shall  consist  of  two  Justices  of  the  Peace 
und  twelve  citizens,  being  slaveholders  of  the  county,  who  shall 
have  power  to  try  all  cases  of  felony  committed  in  their  county 
by  slaves,  free  negroes,  and  mulattoes  a  majority  of  said  court 
may  pronounce  judgment,  and  all  trials  before  it  shall  be  had 
upon  the  statement  of  the  offence  in  the  warrant  of  arrest,  and 
without  presentment  or  indictment  by  a  Grand  Jury ;  the  Sheriff 
of  the  county  shall  act  as  the  ministerial  officer  of  said  court ; 
and  the  citizens,  who  with  the  Justices  are  to  compose  the  same, 
shall  be  selected  by  said  Justices  and  summoned  to  attend  by 
the  Sheriff;  and  said  court  shall  assess  the  value  of  all  slaves 
sentenced  by  it  to  capital  punishment,  one-half  of  which  value 
shall  be  paid  by  the  State  to  the  owner  or  owners  of  such  slave ; 
and  appeals  from  the  judgment  of  said  court  shall  be  had  to 
the  Circuit  Court  of  the  county,  upon  an  order  made  by  the 
Judge  thereof,  upon  an  inspection  of  the  record  of  the  trial,  full 
minutes  of  which  shall  be  made  by  the  said  Justices,  and  such 
appeal,  when  allowed,  shall  operate  as  a  supersedeas  of  the  judg- 
ment. 

Passed  in  open  Convention,  Friday,  April  19th,  1861. 


(    No.  28.    1 

Ordinance  of  Ratification. 

WuEUKAS,  By  act  of  the  General  Assembly  of  the  State  of 
Florida,  a  Convention  of  the  people  was  ordained  to  be  assem- 
bled in  the  city  of  Tallahassee,  on  the  3d  day  of  January,  A.  D. 
1861,  "for  the  purpose  of  taking  into  consideration  the  dangers 
incident  to  the  position  of  this  State  in  the  Federal  Union,  and 
the  measures  which  may  be  necessary  and  proper  for  providing 
against  the  same,  and  to  amend  the  Constitution  of  the  State  of 
Florida  so  far  as  the  same,  in  the  judgment  of  said  Convention, 


28 

may  be  necessiiry,  :ind  thereupon  to  lake  care  that  the  Common- 
wealth of  Florida  shall  sufter  no  detriment : 

And  wliereas.  We  the  delegates  of  the  people  of  the  State  oi' 
Florida  did,  in  pursuance  of  said  act,  assemble  in  Convention 
on  the  day  and  in  the  ])lace  therein  s])ecitied,  and  being  thus 
charged  with  the  duties  aforesaid,  after  mature  deliberation,  and 
in  considerate  performance  thereof,  did,  on  the  10th  day  of  Jan- 
uary, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  in  Convention  as  aforesaid,  ordain  })ublish  and  declare 
"  That  the  State  of  Florida  hereby  withdraws  herself  from  the 
Confederacy  of  States,  existing  mider  the  name  of  the  United 
States  of  America,  and  from  the  existing  Government  of  said 
States,  and  that  all  political  connection  l)etween  her  and  the 
Government  of  said  States  ought  to  l)e  and  the  same  is  hereby 
totally  annulled,  and  said  Union  of  States  dissolved,  and  the 
State  of  Florida  declared  a  sovereign  and  independent  Nation  ; 
and  that  all  ordinances  liei-etofore  adopted,  in  so  far  as  the}- 
(Create  or  recognize  said  Union,  are  rescinded,  and  all  laws  or 
parts  of  laws  in  force  in  this  State,  in  so  far  as-they  recognize  oi- 
assent  to  said  Union,  be  and  they  are  hereby  repealed  ;''' 

Ajkl  irherras,  The  people  of  the  State  of,  South  Carolina,  in 
Convention  assembled,  had  dissolved  their  connection  Avith  the 
(government  of  the  United  States  of  America,  and  invited  such 
other  of  the  slaveholding  States,  as  might,  in  like  manner  declare 
their  ijidependence,  to  meet  her  in  Convention  at  Montgomery, 
in  the  State  of  Alabama,  for  the  ))urpose  of  forming  a  new  Gov- 
ernment ; 

And  w/iereas,  This  Convention  did  ap))oint  three  delegates  to 
meet  in  a  Convention  of  States  at  ^Montgomery  aforesaid,  on  the 
1 3th  day  of  February  last,  ^r  at  such  other  time  and  jjlace  as 
might  be  agreed  upon,  the  delegates  of  such  other  slaveholding 
States,  as  then  had  or  should  ha\'e,  before  the  final  adjournment 
of  said  Convention  dissolved  their  connection  with  the  late  Fed- 
eral Union,  for  the  purpose,  among  other  things,  of  forming  a 
"'  l^ermanent  Government"  for  a  Confederacy  of  such  States  ; 

And  ir/iereas,  A  Convention  of  delegates  from  the  following 
States,  viz:  South  Carolina,  Georgia,  Florida,  Alal)ama,  3Iissis- 
sipi,  Louisiana  and  Texas,  met  at  Montgomery  aforesaid,  and  on 
the  eleventh  day  of  March,  Anno  Domini  18G1,  agreed  upon  and 
reported  to  the  Convention  of  the  several  States,  thei'ein  repr-e- 
sented,  a  Constitution  for  the  Confederate  States  of  America  ; 

jVoiv  he  it  knoirn^  That  we,  the  delegates,  of  the  people  of 
the  State  of  Florida  in  Convention  assembled,  in  the  name  and 
in  Ijehalf  of  the  j)eo])le  the  State,  haA'ing  maturely  deliberated 
and  fully  considered  the  aforesaid  pro])osed  Constitution,  do  by 
these  presents,  assent  to  and  ratify  the  Constitution  adopted  by 
the  (Jongress  of  States  aforesaid.  On  the  nth  d.av  of  ]\r:ircli. 


1>9 

Anno  Domini  1861,  ;it  Monti;omury,  in  the  State  of  iVlabama, 
for  the  Government  of  the  Confederate  States  of  America ; 
Decloi'i}i>j^  nevertheless,  That  as  the  powers  conferred  through 
said  Constitution  on  the  Confederate  Government  emanate  from 
the  peo2)le  of  the  several  States  in  their  separate  sovereign  ca- 
pacity, said  powers  may  he  resumed  in  the  same  manner  iu 
which  they  are  delegated,  whenever  they  shall  be  perverted  to  the 
injiu'y  of  the  ))eople,  each  State,  by  her  delegates  iu  Convention, 
having  the  right  to  judge  of  the  occasion  that  may  require  such 
action  ;  and  hereby  aiuiouncing  to  all  those  whom  it  may  concern 
that  the  said  Constitution  is  l)inding  on  the  }»eople  of  the  State 
of  Florida,  according  t<>  .-ui  authentic  copy  hereto  annexed,  in 
the  words  following,  viz  : 

CONSTITUTTOX  OF  THE  CONFEDERATE  STATES  OF 
AiMERICA. 

We,  the  people  ol'  the  Confederate  States,  each  State  acting  in 
its  sovereign  and  independent  character,  in  order  to  Ibrm  a  per- 
manent Federal  Government,  establish  justice,  insure  domestic 
tranquility,  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity — invoking  the  favor  and  guidance  of  Almighty 
God — do  ordain  and  establish  this  Constitution  for  the  Confed- 
erate States  of  America. 

ARTICLE  I. 

Section   1. 

All  legislative  powers  herein  delegated  shall  he  vested  in  a 
Congress  of  the  Confederate  States,  Avhich  shall  consist  of  a  Sen- 
at<^  an<I  House  of  Representatives'. 

Sectiox  'J. 

1.  The  House  of  Rejiresentatives  shall  be  compo.sed  of  mem- 
bers chosen  every  second  year  by  the  people  of  the  several  States; 
and  the  electors  in  each  State  shall  be  citizens  of  the  Confederate 
States,  and  have  the  qualifications  requisite  for  electors  of  the 
most  numerous  branch  of  the  State  Legislature;  but  no  person 
of  foreign  birth,  not  a  citizen  of  the  Confederate  States,  shall  be 
allowed  to  vote  for  any  officer,  civil  or  political.  State  or  Federal. 

2.  >.o  person  shall  be  a  Representative,  who  shall  not  have 
attained  the  age  of  twenty-tive  years,  and  be  a  citizen  of  the  Con- 
federate States,  and  who  sh^U  not,  Avhen  elected,  be  an  inhabi- 
tant of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  Direct  Taxes  shall  be  ap]iortioned 
among  the  several  States,  which  .may,be  included  within  this 
Confederacy,  according  to  their  respective  numbers,  which  shall 
be  determined,  by  adding  to  the   whole  numl)er  of  free  persons. 


30 

inchulin"  those  bound  to  service  for  :i  term  of  years,  and  exclu- 
ding Indians  not  taxed,  three-fifths  of  all  slaves.  The  actual  enu- 
meration shall  be  made  within  three  years  after  the  first  meeting 
of  the  Congress  of  the  Confederate  States,  and  within  every  sub- 
sequent term  of  ten  years,  in  such  manner  as  they  shall,  by  law, 
direct.  The  number  of  Representatives  shall  not  exceed  one  for 
every  fifty  thousand,  but  each  State  shall  have  at  least  one  Rep- 
resentative ;  and  until  such  enumeration  shall  be  made,  the  State 
of  South  Carolina  shall  be  entitled  to  choose  six — the  State  of 
Georgia  ten — the  State  of  Alabama  nine — the  State  of  Florida 
lyyQ — the  State  of  Mississippi  seven — the  State  of  Louisiana  six, 
and  the  State  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Spealjei- 
and  other  officers ;  and  shall  have  the  sole  power  of  impeach- 
ment; except  that  any  judicial  or  other  federal  officer,  resident 
and  acting  solely  within  the  limits  of  any  State,  may  be  im- 
peached by  a  vote  of  two-thirds  of  both  branches  of  the  Legisla- 
lature  tliereof. 

Sfx'tion  3. 

1.  The  Senate  of  the  Confederate  States  shall  be  composed  of 
two  Senators  from  each  State,  chosen  for  six  years  by  the  Legis- 
lature thereof,  at  the  regular  session  next  immediately  preceding 
the  commencement  of  the  term  of  service ;  and  each  Senator 
shall  have  one  vote. 

2.  Lnmediately  after  they  shall  be  assembled,  in  consequence 
of  the  first  election,  they  shall  be  divided  as  equally  as  may  be 
into  three  classes.  The  seats  of  the  Senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  second  year  ;  of  the  sec- 
ond class  at  the  expiration  of  the  fourth  year  ;  and  of  the  third 
class  at  the  expiration  of  the  sixth  year  ;  so  that  one-third  may 
be  chosen  every  second  year;  and  if  vacancies  happen  l)y  resig- 
nation or  otherwise,  during  the  recess  of  the  legislatiu'e  of  any 
State,  the  executive  thereof  may  make  temporary  ap})ointments 
until  the  next  meeting  of  the  Legislature,  which  shall  then  fill 
such  vacancies. 

•3,  No  person  shall  be  a  Senator  who  shall  not  have  attained 
the  age  of  thirty  years,  and  be  a  citizen  of  the  Confederate  States, 
and  who  shall  not,  when  elected,  be  an  inhabitant  of  the  State  for 
which  he  shall  be  chosen. 

4.  The  Vice  President  of  the  Confederate  States  shall  be  Presi- 
dent of  the  Senate,  but  shall  have  no  vote,  imless  they  be  equally 
divided.  » 

5.  The  Senate  shall   choose  their  other  officers ;  and   also  a 


31 

President  j^ro  tempore^  in  the  absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  office  of  President  of  the  Confederate 
States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  be  on  oath  or 
affirmation.  When  the  President  of  the  Confederate  States  is 
tried,  the  Chief  Justice  shall  preside ;  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  the  members 
present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further- 
than  to  removal  from  office,  and  disqualification  to  hold  and  en- 
Joy  any  office  of  honor,  trust  or  profit  under  the  Confederate 
States ;  but  the  party  convicted  shall,  nevertheless,  be  liable  and 
subject  to  indictment,  trial,  judgment  and  punishment  according 
to  law. 

Section'  4. 

1.  The  times,  places  and  manner  of  holding  elections  for  Sen- 
ators and  Representatives  shall  be  prescribed  in  each  State  by 
the  legislature  thereof,  subject  to  the  provisions  of  this  Constitu- 
tion ;  but  the  Congress  may,  at  any  time,  by  law,  make  or  alter 
such  regulations,  except  as  to  the  times  and  places  of  choosing 
Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year ; 
and  such  meeting  shall  be  on  the  first  Monday  in  December,  un- 
less they  shall,  by  law,  appoint  a  different  day. 

Section  5. 

1.  Each  House  shall  be  the  judge  of  the  elections,  returns  and 
<pialifications  of  its  own  members,  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business  ;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such  manner  ami  under  such 
penalties  as  each  House  may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and  with  the  concur- 
rence of  two-thirds  of  the  Avhole  number,  expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in 
their  judgment  require  secresy  ;  and  the  yeas  and  nays  of  the 
members  of  either  House,  on  any  question,  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall,  with- 
<;ut  the  consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  the  two  Houses  shall 
be  sitting. 


8S 


Section  ti. 


1.  The  Senator.s  and  Representatives  shall  receive  a  compen- 
sation for  their  services,  to  be  ascertahied  by  law,  and  paid  out 
of  the  treasury  of  the  Confederate  States.  They  shall  in  all  ca- 
ses, except  treason,  felony,  and  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  session  of  their  res- 
pective Houses,  and  in  going  to  and  returning  from  the  same ; 
and  for  any  speech  or  debate  in  either  House,  they  shall  not  be 
(piestioned  in  any  other  place. 

2.  No  Senator  or  Kepresentative  shall,  during  tlie  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  imder  the 
authority  of  the  Confederate  States,  Avhich  shall  have  been 
created  or  the  emoluments  whereof  shall  have  been  increased 
during  such  time ;  and  no  person  holding  any  office  imder  the 
Confederate  States  shall  be  a  member  of  either  House  during 
his  continuiince  in  office.  But  Congress  may,  by  law,  grant  to 
the  i)rinci]>al  officer  in  each  of  the  Executive  Departments  a  seat 
upon  the  floor  of  either  House,  Avith  the  privilege  of  discussing 
anv  measiu-(!s  appertaining  to  liis  department. 

Section  V. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Represenatives ;  l)ut  the  Senate  may  propose  or  concur  with 
amendments,  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  Houses,  shall, 
before  it  becomes  a  law,  be  presented  to  the  President  of  the 
Confederate  States ;  if  he  ai)prove,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it  with  his  objections  to  tliat  House  in  Avhich  it 
shall  have  originated,  Avho  sliall  enter  the  objections  at  large  on 
their  journal,  and  jiroceed  to  reconsider  it.  If,  after  such  recon- 
sideration, two-thirds  of  that  House  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  Avith  the  objections,  to  the  other  House, 
by  Avhich  it  shall  likcAvise  be  reconsidered,  and  if  approved  by 
two-thirds  of  that  House,  it  shall  become  a  law.  But  in  all  such 
cases,  the  votes  of  both  Houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  persons  voting  for  and  against  the 
bill  shall  l)c  entered  on  the  journal  of  each  House  respectively. 
If  any  bill  shall  not  be  returned  by  the  President  Avithin  ten 
days  (Sundays  exce])ted)  after  it  shall  have  been  presented  to 
him,  the  sanic  shall  be  a  hiAV,  in  like  manner  as  if  he  had  signed 
it,  unless  the  Congress,  by  their  adjournment,  prevent  its  return, 
in  Av-hu^h  case  it  shall  not  be  a  law.  The  President  may  approve 
any  ap])ropriation  and  disap]>rove  any  other  appropriation  in  the 
same  bill.  In  such  case  he  shall,  in  siguing  the  bill  designate  the 
appropriations  disapi)roved;  and  shall  return  a  copy  of  such 
appropriations,  with  liis  objections,  to   the  House  in  which  the 


33 

bill  shall  have  originated  ;  and  the  sanic  proceedings  shall  then 
be  had  as  in  case  of  otlier  bills  disapproved  by  tlie  President. 

3.  Every  order,  resolution  or  vote,  to  which  the  concurrence 
of  both  Houses  mar  be  necessary  (except  on  a  question  of 
adjournment)  shall  l)e  presented  to  the  President  of  the  Con- 
federate States;  and  before  the  same  shall  take  eftect,  shall  Ix 
approved  by  him;  or  being  disapproved  by  him,  shall  be  re- 
passed by  two-thirds  of  both  Houses  according  to  the  rules  and 
limitations  prescribed  ni  case  of  a  bill. 

Section  s. 

The  Congress  shall  have  power — 

1 .  To  lay  and  collect  t:'.xes,  duties,  ini})osts  and  excises  for 
revenue  necessary  to  pay  the  debts,  provide  for  the  common 
defence  and  carry  on  the  government  of  the  Confederate  States ; 
but  no  bounties  shall  be  granted  from  the  treasury  ;  nor  shall 
any  duties  or  taxes  on  importations  from  ibreign  nations  be  laid 
to  promote  or  foster  any  branch  of  industry ;  and  all  duties, 
imposts  and  excises  shall  be  uniform  throughout  the  Confederate 
States : 

2.  To  borrow  money  on  the  credit  of  the  Confederate  States  : 
'3.   To  regulate  connnerce  with   foreign   nations,   and  among 

the  several  States,  and  with  the  Indiai)  tribes;  l)Ut  neilher  this 
nor  any  other  clause  contained  hi  the  Constitution  shall  ever  be 
construed  to  delegate  the  power  to  Congress  to  a}ipropriate 
money  for  any  internal  improvement  jnteiuled  to  facilitate  com- 
merce;  exce])t  for  the  purpose  ot  furnishing  lights,  beacons  and 
buoys  and  other  aids  to  navigation  upon  the  coasts,  and  the  im- 
provement of  harbors  anil  removing  of  obstructions  in  rivei- 
navigation,  in  all  of  which  cases  such  duties  shall  be  laid  on  the 
navigation  facilitated  thereby  as  may  be  necessary  to  pay  the 
costs  and  expenses  thereof: 

4.  To  establish  uniform  laws  of  natui-alization  and  uniform 
laws  on  the  subject  of  bankruptcies  throughout  the  Confederate 
States,  but  no  law  of  Congress  shall  discharge  any  debt  contract- 
ed before  the  passage  of  the  sanu' : 

5.  To  coin  money,  regulate  the  vnlue  thereof  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures  : 

G.  To  provide  for  the  punishment  of  counterfeiting  the  securi- 
ties and  current  coin  of  the  Confederate  States: 

7.  To  establish  post  offices  and  post  routes  ;  but  the  expenses 
of  the  Post  Office  De})artment,  after  the  first  day  of  March  in  the 
year  of  our  Lord  eighteen  hundred  .md  sixty-three,  sliall  be  paid 
out  of  its  own  revenues : 

8.  To  promote  the  progress  of  science  and  useful  arts,  1)y  secu- 


:{+ 

riiiolbr  limited  times  to  authors  and  iuveutors,  the  exclusive  rioht 
to  their  respective  writings  and  discoveries : 

n.  To  constitute  tribunals  inferior  to  the  Supreme  Court : 

10.  To  define  and  punish  piracies  and  felonies  committed  on 
J  lie  liigh  seas  and  oftences  against  the  law  of  nations  : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water : 

12.  To  raise  and  support  armies  ;  hut  no  appropriation  of  mon- 
»^y  to  that  use  shall  be  for  a  longer  term  than  tAvo  years : 

13.  To  provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces  : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  law^- 
of  the  Confederate  States,  suppress  insun-ections  and  re})el  inva- 
sions: 

16.  To  provide  for  organizing,  arming  and  disciplining  the  mi- 
litia, and  for  governing  sxich  part  of  them  as  may  be  employ- 
ed in  the  service  of  the  Confederate  States ;  reserving  to  the 
States,  respectively,  the  appointment  of  the  officers,  and  the  au- 
thority of  training  the  militia  according  to  the  disci|)line  prescrib- 
«m1  by  Congress  : 

17.  To  exercise  exclusive  legislation,  in  all  i-ases  a\  hatsoevei", 
over  such  district  (not  exceeding  ten  miles  square)  as  may,  by 
cession  of  one  or  more  States,  and  the  acceptance  of  Congress,  be- 
rome  the  seat  of  the  Government  of  the  Confederate  States  ;  and 
to  exercise  like  authority  over  all  places  purchased  by  the  consent 
of  the  legislature  of  the  State  in  which  the  same  shall  be,  for  the 
erection  of  forts,  magazines,  arsenals,  dockyards  and  other  need- 
ful l>uildings :  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  fo]- 
carrying  into  execution  the  foregoing  powers,  and  all  other  pow- 
ers vested  by  this  Constitution  in  the  govermuent  of  the  Confed- 
erate States,  or  in  any  department  or  officer  thereof. 

Sectiom  9. 

! .  The  importation  of  negroes  of  the  .Vfrican  race,  from  any 
foreign  country,  other  thanlhe  slaveholding  States  or  Territories 
of  the  United  States  of  America,  is  hereby  forbidden  ;  and  Con- 
gress is  required  to  pass  such  laws  as  shall  effectually  prevent 
the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  introduction 
of  slaves  from  any  State  not  a  member  of,  or  Territory  not  be- 
longing to,  this  Confederacy. 

:^.  The  ])rivilege  of  the  writ  of  habeas  corpus  shall  not  be  su^- 
pended,  unless  wlien  in  cases  of  rebellion  or  invasion  the  public 
->jiiety  may  recjuire  it. 


M5 

+.  No  bill  of  jittaindf  r.  >'.v  post  facto  law  ,  or  luw  denyint:"  ur  im- 
]irtiriii2;  the  riglit  of  property  in  negro  slaves  .sluill  be  passed. 

5.  Xo  capitation  or  other  direct  tax  shall  be  laid,  unless  ixi 
proportion  to  the  census  or  enumeration  hereinbefore  directed  to 
Ite  taken. 

().  Xo  tax  or  <-Uity  shall  be  laid  on  articles  exported  from  any 
State,  except  by  a  vote  of  two-thirds  of  both  Houses. 

7.  Xo  jjreference  shall  be  gi\  en  l>y  any  regulation  of  cou:>- 
uierce  or  revenue  to  the  ports  of  one  State  over  those  of  another. 

8.  No  money  shall  be  drawn  from  the  Treasury,  but  in  conn.?^ 
quencc  of  appro])riations  made  l)y  law  ;  and  a  regular  statemeni 
and  account  of  the  receipts  and  expendilures  of  all  public  money 
shall  be  ])ublished  from  time  to  tinu'. 

n.  Congress  shall  aj»proi)riate  no  money  from  the  Treasmy 
»\cei)t  by  a  vote  of  (MO-thirds  of  both  Houses,  taken  by  yeas 
and  nays,  unless  it  be  asked  and  estimated  for  by  some  <me  of 
the  heads  of  Department,  and  sul)mitted  to  Congress  by  the 
I'resident;  (H*  for  the  ]nn"pose  of  ]>aying  its  own  expenses  and 
contingencies  ;  ov  for  the  payment  of  claims  against  the  Confed- 
erate States,  the  justice  of  which  shall  have  been  judicially  de- 
clared by  a  IriVmnal  lor  the  investigation  of  claims  against  the 
govcvnmtiil.  Avliicli  it  is  hereby  made  the  duty  of  C-ongress  \o 
establish. 

10.  All  bills  ajipropriating  money  shall  specify  in  federal  cui- 
rency  the  exact  amount  of  each  appro[)riation  and  the  ])urposes 
foi-  Avhicli  it  is  made  ;  and  Congress  shall  grant  no  extra  con-- 
pt'Msation  to  any  public  contractor,  otticer.  agent  or  servant,  av- 
ter  such  contract  shall  have  been  made  or  such  service  rendere<3. 

1 1.  No  title  of  nobility  shall  be  grante<l  by  the  Confederate 
States;  and  no  ]terson  holding  any  office  of  profit  or  trust  under 
them,  shall,  without  the  consent  of  Congress,  accept  of  any  pre- 
sent, emolument,  office  or  title  of  any  kind  whatever  from  any 
king,  pnnce  or  foreign  State. 

12.  ('Ongress  shall  make  no  law  respecting  an  establishment 
of  religion  or  prohibiting  the  free  exercise  thereof;  or  abridging 
the  freedom  of  speech,  or  of  the  press ;  or  the  right  of  the 
people  peaceably  to  assemble  and  petition  the  government  for  a^ 
re<lress  of  grievances. 

13.^  A  well  regulateil  militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear  arms 
'ihall  not  be  infringed. 

14.  No  soldier  shall,  hi  time  of  ))eace,  be  quartered  in  any 
house  without  the  consent  of  the  owner:  nor  in  time  of  war, 
but  in  a  manner  to  be  ])rescribed  by  Uiav. 

15.  The  right  of  the  people  to  be  secure  in  their  j>ersons, 
houses,  papers  and  effects  against  tmreasonable  searches  and 
»^<'i7,nres,   shall   not  be  violated  ;  and  no  Avarrant  shall  issue   but 


upon  proba})le  oauso,  Mipported  l)y  oath  or  atfinnatioii,  and  i)ar- 
ticularly  de.soribin<^  the  place  to  'le  soarclu-d  and  tlic  jxTsons  or 
things  to  be  seized. 

Id.  No  ])erson  shall  be  held  lo  answer  for  a  capital  <»r  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  grand  jury,  excejit  in  cases  arising  in  the  laiul  or  naval  forces, 
or  in  tlie  militia,  when  in  actual  service,  in  time  of  war  or  pub- 
lic danger;  nor  shall  any  person  be  subject  for  the  same  otfencc 
to  be  twice  ])ut  in  jeopardy  of  life  or  limb  ;  nor  be  comj)elled,  in 
any  criminal  case  to  be  u  witness  against  liimself ;  nor  be  de- 
prived of  life,  ]il)erty,  or  property,  without  due  process  of  law ; 
nor  shall  private  ))roperty  be  taken  for  public  use,  without  just 
compensation. 

iT.  In  all  criminal  ]irosecutions  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by  law,  and 
to  be  informed  of  the  nature  and  cause  of  the  accusation ;  to  be 
confronted  with  the  witnesses  against  him  ;  to  have  conn)ulsory 
process  for  obtaining  witnesses  in  his  favor  ;  aiul  to  have  the  as- 
.«TiHtance  of  counsel  for  his  defence. 

i8.  In  suits  at  common  law,  Avherc  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved  ;  and  no  fact  so  tried  by  a  jury  shall  be  ot]ler^\•ise  re- 
examined in  any  court  of  the  Confederacy  than  according  t() 
the  rules  of  the  common  hnv. 

19.  Excessive  bail  shall  not  be  required,  nor  excessive  iims  isn- 
posed,  nor  criiel  and  \musual  punishments  inflicted. 

20.  Every  law  or  resolution  having  the  force  of  law  sliall  re- 
late to  but  one  subject,  and   tliat  shall  be  expressed  in  the  title. 

vS  ACTION  10. 

1.  No  State  shall  enter  into  any  treaty,  alliance  or  confedera- 
tion ;  grant  letters  of  marque  and  reprisal ;  coin  money ;  make 
anything  but  gold  and  silver  coin  a  tender  in  payment  of  debts  ; 
pass  any  bill  of  attainder,  or  ex  post  facto  law,  or  laAV  impairing 
the  obligation  of  contracts  ;  or  gi-ant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  Congress,  lay  any 
imposts  or  duties  on  imports  or  expoi-ts,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  laws  ;  and  the 
iictt  produce  of  all  duties  and  imports,  laid  by  any  State  on  im- 
ports or  exports,  shall  be  for  the  use  of  the  treasury  of  the  Con- 
tederate  States  ;  and  all  such  laws  shall  be  subject  to  llie  revision 
and  control  of  Congress. 

3.  No  State  shall,  Avitli<ji!t  the  consent  the  Congress,  lay  any 
<luty  on  tonnage,  e\cej)t  on  sea-going  vessels,  for  the  improve- 
ment of  its  rivers  and  harbc>rs  navigated  bv  tlie  s;iid  vesseJs  :  ]>ut 


37 

such  duties  shall  not.  conflict  Avith  niiy  treaties  of  the  Confedcrato 
States  Avith  foreign  nations  ;  and  any  surplus  revenue  thus  de- 
rived, shall,  after  making-  such  improvement,  he  paid  into  the 
connnon  treasm-y.  Nor  shall  any  State  keep  troops  or  ships  ol 
war  hi  time  of  ])eace.  enter  into  any  iigrcoment  or  compact  witli 
another  State,  oi"  with  a  foreign  })ower,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  iimninent  danger  as  will  not  admit 
of  delay.  But  Avhen  any  river  divides  or  IIoavs  througli  two  or 
nior(i  States,  they  may  enter  into  c<imp:u'ts  with  each  other  to 
im]»rn\c  (he  navigation   thereof. 

ARTICLE  Tl. 

SkC'J'IO.X     1 . 

I.  Tiu'  executive  power  shall  be  vesteil  in  a  J^resident  of  the 
(.Confederate  States  of  America.  lie  and  the  Vice  President  shall 
hold  their  oflices  for  the  term  of  six  years ;  but  the  President 
sh;ill  not  be  re-eligible.  The  President  ;ind  Vice  President  shall 
be  elected  as  folllows  : 

1'.  K:u-h  State  shnll  aj 'point,  in  such  manner  as  the  legislature 
i  hereof  )uay  direct,  a  ninnber  of  electors  e*|ual  to  the  whole  num- 
ber of  Senators  and  Kei)resentativcs  to  which  the  State  nuiy  be 
entitled  in  the  Congress  ;  but  no  Senator  or  Kepi'esentative,  or 
person  holding  an  office  of  trust  or  jtroiif  mider  the  Confederate 
St;ues,  shall  be  appointed  an  elector. 

.!.  The  electors  shall  meet  in  their  respective  States  and  vote 
by  ballot  for  President  and  Vice  Presiilent,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves ;  tliey  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distini-t  ballots  tiie  jierson  voted  for  as  Vice 
President,  .and  they  shall  make  disti)ict  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice  President, 
;ind  the  number  of  votes  ibr  each  :  which  Jists  they  shall  sign 
and  certify,  and  trar.^sniit,  scded,  to  the  seat  of  the  government 
of  the  Confederate  States,  directed  to  the  I^resident  of  tlieSep- 
;ife;  the  President  of  the  Senate  sliall,  in  the  presence  of  the 
Sen.'ire  and  House  of  Kepresentatives,  open  all  the  certiiicates, 
ami  tlic  viites  shall  tlien  1>e  counte<l  ;  the  person  Inning  the  gieat- 
est  mnnber  of  votes  for  President  shall  be  the  President,  if  sacii 
number  be  ;j  majority  of  the  whole  uundjer  of  electors  ap])ointed; 
.Mini  if  I'.i)  persini  have  such  majority,  then,  ihmi  the  persons  luu- 
ing  the  highest  numbers,  not  exceeding  three,  on  tlie  list  of 
those  voted  for  as  President,  the  House  ol  Representatives  shall 
choose  imniediately.  by  ballot,  the  President.  l]ut  in  choosing 
the  President,  the  votes  shall  be  taken  by  States,  the  represen- 
lati»)ii  from  each  State  having  one  vote  ;  :i  ((uoruin  for  this  ])Ui- 
])ose  shall  i;onsist  of  a  member  or  members  from  two-thirds  of 
the  St:ites.  ;uid  ;i  m.-ii'tritv  of  all  the  St;itt'-  sh;ill  be  necfssarv  In  a 


choice.  And  iitlio  JJoiise  of  Representatives  sliall  not  elioo.se  :i 
President,  whenever  tlie  riglit  of  choice  shall  devohe  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  Vice 
President  sliall  act  as  President,  as  in  the  case  of  the  death,  or 
otiier  constitutional  disahility  of  the  President. 

L  The  ]tersou  liaving  the  gi'eatest  number  of  votes  as  \'icc- 
President,  shall  he  the  \'ice-President,  if  such  number  bo  a  ma- 
jority of  the  whole  number  of  electors  aj^pointed ;  and  if  no  per- 
son have  a  majority,  then,  from  the  two  highest  numbers  on  the 
list  the  Senate  shall  choose  the  Vice-President;  a  quorum  for  the 
purpose  shall  consist  of  two-thirds  of  the  whole  number  of  Sena- 
tors, and  a  u\ajority  of  the  whole  number  shall  be  necessary  to  a 
choice. 

5.  But  no  }>erson  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the  Con- 
federate States. 

C.  The  Congress  may  determine  the  time  of  choosing  the  elec- 
tors, and  the  day  on  which  they  shall  give  their  votes  ;  which 
day  shall  be  the  same  throughout  the  Confederate  Strttes. 

7.  i^o  person  except  a  natural-born  citi/en  of  the  Confederate 
States,  or  a  citizen  thereof  at  the  time  of  the  adoption  of  this 
Constitution,  or  a  citizen  thereof  born  in  the  United  States  prior 
t-^  the  20th  December,  1 800,  shall  be  eligible  to  the  office  of 
l*resident,  Meither  shall  an}'  person  be  eligible  to  that  office  who 
^hall  not  liave  attained  the  age  of  thirty-five  years,  and  been  four- 
teen years  a  resident  Avithin  the  limits  of  the  Confederate  States. 
as  they  ma)'  exist  at  the  time  of  his  election. 

8.  In  case  of  the  removal  of  the  President  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  the  same  shall  devolve  on  the  Vice-Pres- 
ident ;  and  the  Congress  may,  by  law,  ])rovide  foi-  the  case  of 
removal,  death,  resignation,  or  inability  both  of  the  President 
and  Vice-President,  declaring  what  officer  shall  then  act  as  Presi- 
dent, and  such  officer  shall  act  accordingly  until  the  disability  be 
removed  or  a  President  shall  be  elected. 

ft.  The  President  shall,  at  stated  times,  receive  for  his  services 
».  compensation,  which  shall  neither  l)e  increased  nor  diminished 
during  the  period  for  ^vhich  he  shall  have  been  elected  :  and  he 
shall  not  receive  Avitliin  that  period  any  other  emolunient  from 
the  Confederate  States,  or  any  of  them. 

J  0.  Pefore  he  enters  on  the  execution  of  his  office,  he  shall  take 
the  following  oath  or  affirmation  : 

"  1  do  solemnly  swear  (or  affirm)  that  [  will  faithfully  execute 
the  office  of  President  of  the  Confederate  States,  and  will  to  the 
best  of  my  ability,  ]»reserve,  protect  and  defend  the  constitution 
thereof." 


H9 


SKcnos  2. 

I.  The  Prc'^idont  shall  be  commaiKk-r-in-chiet  of  the  army  and 
navy  of  the  Confederate  States,  and  of  the  militia  of  the  several 
Stat('>,  Avlicn  called  into  the  actnal  service  of  the  Confederate 
States :  he  may  reqnire  the  opinion,  in  writinji\  of  the  ])rincipal 
officer  in  eaeli  of  the  Executive  Dei)artnients,  npc>n  an\'  subject 
relaiint^  to  the  duties  of  their  respective  offices  ;  and  he  sliall 
fia\e  power  to  grant  reprieves  and  pardons  for  olFences  against 
the  Confederate  States,  except  in  cases  of  im})eachmcnt. 

•J.  lie  shall  ha\e  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  j)rovided  two-thirds  of  the  Sena- 
tors present  concur  ;  and  he  shall  nominate,  and  by  and  with  the 
advice  and  consent  of  the  Senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls.  Judges  of  the  Supreme  Court, 
and  all  <^>ther  officers  of  the  Confederate  States,  whose  appoint 
ments  are  not  herein  otherwise  })rovided  for,  and  which  shall  be 
establishetl  by  law  :  but  the  Congress  may,  by  law,  vest  the  a]5- 
pointment  of  such  inferior  officers,  a^  they  think  proper,  in  the 
President  alone,  in  the  courts  of  law  ov  in  the  heads  of  Depart- 
ments. 

3.  The  ]»ri!U'i]ial  officer  in  each  of  the  Executive  Departments, 
and  all  persons  connected  with  the  diplomatic  service,  may  In- 
removed  from  office  at  the  pleasure  of  the  President.  All  other 
civil  officers  of  the  Executive  Department  may  be  removed  at 
any  time  by  the  President,  or  other  appointing  jjower,  when  theii- 
services  are  unnecessary,  or  for  dishonesty,  incajiacity,  inefficien- 
cy, misconduct,  or  neglect  of  duty  ;  and  when  so  rejnoved,  the 
removal  shall  be  reported  to  the  Senate,  together  with  the  reasons 
therefor. 

4.  The  President  shall  have  power  to  fill  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  grantingeommissions 
which  shall  expire  at  the  end  oftheir  next  session  ;  but  no  person 
rejected  by  the  Senate  shall  be  re-appointed  to  the  same  office 
during  their  ensuring  recess. 

Skctiox  ;{. 

I .  The  President  shall,  from  time  to  time,  gi^  e  to  the  Congress 
information  of  the  state  of  the  Confederacy,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  necessary  and 
expedient ;  he  may,  on  extraordinary  occasions,  convene  botli 
Houses,  or  either  of  them  ;  and  in  case  of  disagreement  between 
them,  with  respect  to  the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  as  he  shall  think  proper  ;  he  shall  receive  am- 
bassadors and  other  ])ublic  ministers  ;  he  shall  take  care  that  the 
laws  be  faithfully  executed,  and  shall  commission  all  the  officers 
of  the  Confederate  States. 


40 

Skctton    4. 

1.  The  1  Resident,  Vice  Presitlent,  :ind  all  civil  officers  of  the 
Confederate  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  liigh  crimes  and 
misdemeanors. 

ARTICLE  T[I. 

Skctiox    1. 

1.  'I'ho  judicial  ]jo\vci-  of  the  Confederate  States  shall  be  vest- 
ed in  one  Su))reme  Ccjurt,  and  in  such  Inferior  Courts  as  the 
Congress  may  from  time  to  time  ordain  and  establish.  The 
judges,  both  of  the  Supreme  and  Inferior  Courts,  shall  hold  their 
offices  during  good  behavior,  and  shall,  at  stated  times,  receive 
for  their  services  a  compensation,  which  shall  not  be  diminished 
din'ing  their  continuance  in  office. 

!,  The  judicial  po\vei' shall  extend  to  all  cases  arising  uudei- 
ihis  Constitution,  the  laws  of  the  Confederate  States,  and  treaties 
made  or  which  shall  be  made  under  their  authority  ;  to  all  cases 
alFecting  ambassadors,  other  i)ublic  ministers  and  consuls  ;  to  all 
cases  of  admiralty  and  maritime  jurisdiction;  to  controversies 
to  which  the  Confederate  States  shall  be  a  party ;  to  controver- 
sies between  two  or  more  States ;  between  a  State  and  citizen 
of  another  State  where  the  State  is  plaintiff*;  between  citizens 
claiming  lands  under  grants  of  different  States  ;  and  between  a 
State  or  the  citizens  thei'eof,  and  foreign  States,  citizens  or  sub- 
jects;  but  no  Stute  shall  be  sued  by  a  citizen  or  subject  of  any 
foreign  State. 

2.  In  all  cases  alfecting  ambassadors,  other  public  ministers, 
•  iiid  consuls,  and  those  in  which  a  State  shall  be  a  i^arty,  the  Su- 
]ireme  Court  shall  have  original  jurisdiction.  In  all  the  other 
<-ases  before  mentioned,  the  Supreme  Coui't  shall  ha\'o  a})])ellate 
jurisdiction,  both  as  to  law  and  tact,  with  such  exceptions,  .•md 
under  such  regulations  as  the  Congress  shall  make. 

;!.  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
^hall  be  l)y  jury,  and  sr,ch  trial  shall  be  held  in  the  State  where 
the  said  crimes  shall  have  ))een  committed ;  but  Avhen  not  com- 
mitted withhi  any  State,  the  trial  shall  be  at  such  place  or  pla- 
ces as  the  Congress  may  by  !;n\-  Ikivc  directed. 

SKcriox   '■>. 

1.  Treason  against  t lU' Confederate  States  shall  consist  only  in 
levying  war  agahist  them,  or  in  adheringto  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act 
Of  on  confe's^ion  i))  open   court. 


4-1 

2.  The  Congress  shall  have  po\\'er  to  declare  the  puiushment 
of  treason,  but  no  attainder  of  treason  shall  work  corruption  of 
blood,  or  forfeiture,  except  during  the  life  of  the  person  attainted. 

ARTICLE  TV. 

Section    I . 

1 .  Full  faith  and  credit  shall  be  given  in  each  State  to  the  pub- 
lic acts,  records  and  judicial  proceedings  of  every  other  State. — 
.\nd  the  Congress  may,  by  general  laws,  prescribe  the  niannei- 
in  which  such  acts,  records  and  jtroceedings  shall  be]>j'oved,  and 
the  ('ifect  thereof. 

Section  2. 

I,  The  citizens  of  each  State  shall  be  entitled  to  all  the  i)rivi- 
leges  and  inniuniities  of  citizens  in  the  several  States,  and  shall 
have  the  right  of  transit  and  sojourn  in  any  State  of  this  Confed- 
eracy, with  tlu'ir  slaves  and  other  property:  and  the  right  (»f 
property  in  said  slaves  shall  not  be  thereby  impaired. 

'2.  A  person  charged  in  any  State  with  treason,  felony,  or  oth- 
er crime  against  the  laws  of  such  State,  who  shall  flee  from  jus- 
tice, and  be  Ibund  in  another  State,  shall,  on  demand  of  the  Ex- 
ecutive authority  of  the  State  from  which  he  fled,  be  delivered 
up,  to  be  removed  to  the  State  having  jurisdiction  of  the  crime. 

3.  No  slave  or  other  ])erson  held  to  service  or  labor  in  any 
State  or  territory  of  the  Confederate'  States,  under  the  laws  there- 
of, escaphig  or  lawfully  carried  into  another,  shall,  in  consecpience 
of  any  law  or  regulation  therein,  be  discharged  from  such  service 
or  labor:  but  shall  l)e  delivered  up  on  claim  (^f  the  ]);n'ty  to  whom 
such  slave  Ix'lougs,  cr  to  whom  such  service  oi-  \ohov  may  be  due. 

Section  ."5. 

1.  Otlitjr  Slate.--  may  Ik- admitted  into  this  Confederacy  by  a 
vote  of  two-thirds  of  the  whole  House  of  Representatives,  and 
two-thirds  of  the  Seii;ite.  the  Senate  votiiig  by  States ;  but  no 
new  State  shall  be  formed  or  erected  m  ithin  t!ie  jurisdiction  of 
any  other  State  ;  nor  any  State  be  fomud  by  tlie  junction  of  two 
or  more  Slates,  or  ])arts  of  States,  without  the  consent  of  the  leg- 
islatures of  the  States  concerned  as  well  as  of  the  Congress. 

2.  The  Congress  shall  havi'  i)ower  to  dispose  of  and  make  all 
needful  rules  an«l  regulations  cojicerning  the  pro]ierty  of  the 
Confederate  States,  including  the  lands  thereof. 

."i.  The  Confederate  States  may  ac<piire  new  territory  :  and 
(Congress  shall  have  ]>ower  to  legislate  and  ]»rovide  governments 
lor  the  inhabitants  of  all  territory  belonging  to  the  Confederate 
States,  lying  Avithout  the  limits  of  the  several  States;  and  may 
))ermit  them,  at  sucli  times,  and  in  >uch  mamxM-  as  it  may  by  law 
provjile,  to  form  Stat(»s  to  be  admitted  into  the  Confederacy.    In 


nil  such  territon ,  the  institution  of  negro  ^^l;lvel•y,  as  it  now  cxist> 
in  the  Confederate  States,  shall  he  recognized  and  protected  hv 
Congress  and  hy  the  territorial  government:  and  the  inhabitants 
of  the  several  Confederate  States  and  Territories  shall  have  the 
right  to  take  to  such  territory  any  slaves  lawfully  held  by  them 
in  any  of  the  States  or  Territories  of  the  Confederate  States. 

4.  The  Confederate  States  shall  guarantee  to  every  State  that 
now  is  or  licrcai'tcr  ina}'  become  a  member  of  this  Confederacy, 
a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion  ;  and  on  ap]>lication  of  the  legislatm'C  (or  of  the 
Executive  when  the  legislature  is  not  in  session)  against  do- 
mestic A-iolence. 

ARTICLE  v. 

Skctiox  1. 

I .  Upon  tlie  demand  of  any  three  States,  legally  assembled  in 
their  several  Conventions,  the  Congress  shall  summons  a  Con- 
vention of  all  the  States,  to  take  into  consideration  such  amend- 
ments to  the  Constitution  as  the  said  States  shall  concur  in  sug- 
gesting at  the  time  Avhen  tlie  said  demand  is  made ;  and  should 
any  of  the  proposed  amendments  to  tlic  C^cmstitution  be  agreed 
on  by  the  said  Comention — a oting  by  States — and  the  same  be 
ratified  by  the  legislatures  of  two-thirds  of  the  several  States,  or 
by  Conventions  in  two-thirds  thereof — as  the  one  or  the  other 
mode  of  ratification  may  be  proposed  l)y  the  general  Convention 
— they  shall  thenceforward  form  a  part  of  this  Constitution.  But 
•no  State  shall,  without  its  consent,  he  deprived  of  its  equal  rv])- 
resentation  in  the  Senate. 

ARTICLE  VI. 

1.  The  Government  established  by  this  Constitution  is  the  suc- 
cessor o^  the  Provisional  (Tovernment  of  the  Confederate  States 
of  America,  and  all  the  laws  passed  by  the  latter  shall  continue 
in  force  until  the  same  shall  be  repealed  or  modified  ;  and  all  the 
officers  a])pointed  by  the  same  shall  remain  in  office  until  their 
successors  are  appointed  and  qualified,  or  the  offices  abolished. 

2.  All  del)ts  contracted  and  engagements  entered  into  before 
the  adoption  of  this  Constitution  shall  be  as  valid  against  the 
Confederate  States,  under  this  Constitution,  as  under  the  Provi- 
sional Government. 

3.  This  Constitution,  and  the  laws  of  the  Confederate  States, 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made  under  the  authority  of  the  Confederate  States,  shall  be 
the  supreme  law  of  the  land  :  and  the  judges  in  every  State- 
shall  be  bound  thereby,  anything  in  the  Constitution  or  laws  of 
any  State  to  the  contrarv  notwithstanding. 


4H 

i.  The  Senators  and  reproscntativos  before  Juentioned,  aiul 
the  members  of  the  several  State  legishitures,  and  all  executi\  e 
and  judicial  officers,  both  of  the  Confederate  States  and  of  the 
several  States,  shall  be  bound  by  oath  or  affirmation  to  support 
this  OoTistitntion  ;  but  no  religious  test  shall  ever  l)e  required  as 
a  qualification  to  any  office  or  public  trust  under  the  Confederate- 
States. 

0.  The  enumeration,  in  the  Constitution,  of  certain  rights, 
shall  not  Ije  construed  to  deny  or  dis]iarage  others  retained  bA- 
the  people  of  the  several  States. 

6.  The  powers  not  delegated  to  the  Confederate  States  b} 
the  Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States,  respectively,  or  to  the  people  thereof. 

ARTICLE  VTI. 

1.  The  latllication  of  the  conventions  of  live  States  shall  be 
;sufficii'nt  for  the  establishment  of  this  Constitution  lietwc^en  the 
States  so  ratifying  the  same. 

2.  When  live  States  shall  have  nititied  this  C'onstitution,  in 
the  manner  betbre  specified,  the  Congress,  under  the  Provisional 
Constitution,  shall  j)rescribe  the  time  for  holding  the  election  of 
President  and  Vice-President ;  and  for  the  meetuig  of  the  Elec- 
toral College  ;  and  for  counting  the  votes  and  inaugurating  the 
President.  They  shall  also  prescribe  the  time  for  holding  the 
first  election  of  members  of  Congress  under  this  Constitution, 
.nid  the  time  for  assembling  the  same.  Until  the  assembling  of 
such  Congress,  the  Congress  under  the  Provisional  Constitution 
shall  continue  to  exercise  the  legislative  ]>owers  granted  them, 
not  extending  beyond  the  time  limited  by  the  Constitution  of 
the  Provisional  rTOvernment. 


I    No.   29.     I 

.\n   Ordinance  providing  for  the  division  of  the  State  into  C-on- 
gressional  and  Electoral  Districts. 

1 .  lie  it  ordaltied  hy  the  people  of  the  State  of  Florida,  in  Con- 
ctxtlon  assembled.  That  for  the  purpose  of  providing  for  the  rep- 
resentation of  this  State  in  the  Congress  of  the  Confederate  States, 
the  State  sliall  be  and  is  hereby  divided  into  two  Congressional 
Districts,  which  division  shall  continue  mitil  the  General  Assem- 
bly otherwise  j>rovides.  In  each  of  said  Districts  there  shall  be 
elected,  by  the  qualified  voters  thereof^  one  Representative  in 


u 

said  Coii^ix'ps,  wlio  shall  have  been  an  inhabitant  of  the  District 
ill  which  he  is  elected  at  least  six  months  jn-ecedino-  the  dav  .ij" 
election. 

'2.  Be  it  fitrthrr  ordained^  That  when  any  new  a])i)ortioinni.iit 
ot'  representation  is  made,  nnder  the  provisions  of  the  Constitu- 
tion of  the  Confederate  States,  the  General  Assembly  shall  divide 
the  State  into  as  many  Districts  of  contiguous  territory  as  there 
may  be  rejiresentativcs  allotted  to  the  State  of  Flori(bi  by  such 
apportionment. 

8.  Be  it  fiirthi  r  urddiutd^  That  all  tliat  jtart  of  the  State  lying 
East  of  the  Suwannee  River,  shall  constitute  the  first  (\;)ngress- 
ional  District,  and  the  remaining  ])ortion  of  the  State,  not  inclu- 
ded in  the  limits  before  mentioned,  shall  constitute  the  second 
( 'ongressional    District. 

4.  Be  it  fitrthcr  ordained,  Tliat  an  election  shall  be  held  on 
the  first  iMonday  in  October  next  for  two  members  to  represent 
the  State  of  Florida  in  the  Congress  of  the  Confederate  States, 
which  election  shall  be  governed  by  the  laws  which  regulated 
the  elections  of  members  of  Congress  of  th.o  late  T'''nited  Staler. 
save  as  to  the  qualification  of  voters. 

5.  Be  it  further  ordained.  That  for  the  })nrpose  of  choosing 
electors  for  President  and  Vice-President  of  the  Confederate 
States  of  .Vmerica,  the  State  is  divided  into  two  electoral  Dis- 
tricts, corresponding  with  the  two  Congressional  Districts  before 
pi-ovrded  for,  as  follows :  The  first  Congressional  District  shall 
be  the  first  electoral  Distrii-t ;  and  the  second  Congressional  Dis- 
trict shall  lie  the  second  electoral  l^istrict ;  and  one  elector  from 
each  of  said  Districts,  and  two  from  the  State  at  large,  shall  be 
elected  by  general  ticket  by  the  (jualified  voters,  until  i1)p  Cen- 
ei'al  Assembly  shall  otherwise  jirovide. 

Don*' in  open  Convenlion,  April  2."^,  iSUl. 


ISTo.   30.    1 


Jie  it  ordai/ii  d  In;  tin  people  of  'he  intuit  oj    Flor ,,, 

rention  (iftsendded.  That  imtil  the  Confederate  States  make  pro 
vision  for  the  military  defence  of  the  Ports  of  Ajialachicola,  St. 
Marks,  Cedai-  Keys,  Fgmont  Keys,  St.  Augustine,  the  mouth  of 
St.  Johns  River,  Fernandina,  and  such  other  ports  as  may  be 
necessary-,  the  (lovernor  of  this  State  be  and  he  is  hereby  au 
thorized  to  use  such  means  as  in  his  judgment  may  Tie  ne 
for  the  proper  defence  of  the  points  indicated. 

]*assed  in  o))en  Convention,  Api'i]  2i.'(l.  18(i!'. 


?C(-ss;n"\ 


45 


1    No.  31.    j 

Bi-  it  ordained  b(/  t/n.  people  of  tJu  IStutr  of  J'lorida  in  Cox- 
I'ention  assonhled^  Tluit  all  persons  holding  office,  either  civil  or 
luilitarv  in  this  State,  or  Avho  may  hereafter  be  appointed  or  elec- 
ted to  any  office,  civil  oi  military,  be  required,  before  they  entei" 
upon  the  duties  of  their  res),ectivc  offices,  to  tnlcc  the  folio winjy 
I  tath  or  affirmation  : 

I  do  swear  (or  affirm)  that  I  am  duly  (pialihed,  according  to 
the  Constitution  of  this  State^to  exercise  the  office  to  which  T 
have  been  elected  (or  ap])ointed,)  and  will,  to  the  best  of  my 
abilities,  discharge  the  duties  thereof,  and  preserve,  protect  and 
defend  the  Constitution  of  this  .State  and  ol"  the  CVmfederate 
States  of  America. 

Passed  in  o])en  (V)nventioii.  April  2;-!d,  1801. 


I    No.   32.     I 

Bb  ft  orduiind  by  tin  i>ivi>lr  o/ tin  State  of  J-^lorida  in  Con- 
i-ention  atisejnbled^  Tiiat  the  two  first  paragraphs  of  the  ordinance 
numbered  two,  in  the  ])rinted  and  published  coi)y  of  ordinances 
which  were  adopted  by  the  Com  ention  on  the  J  5th  day  of  .Jan- 
uary, 1861,  be  repealed,  and  that  the  last  paragraph  of  said  ordi- 
nance be  limited  in  its  application  to  such  money  or  property  as 
was  received  by  the  officers  of  the  late  Ignited  States  in  this 
Statct  uj)  to  the*  10th  day  of  February,  A.  1).,  1861. 

Be  itfartJtrv  ordained^  That  the  ordinance  num])ered  three 
of  the  said  j<ublislied  ordinances,  Avhich  Avas  adojtted  iti  Conven- 
tion on  the  loth  day  of  January,  .1861,  be  re})ealed,  and  that  all 
judicial  jimceedings  and  records  therein  mentioned  be  trans- 
ferred and  delivered  to  the  District  Court  of  the  Confederate 
States  fur  the  District  of  Florida. 

Be.  itfiii'tJier  ordained^  That  the  ordinance  nuud)ered  seven, 
continuing  the  offices  of  the  late  United  States,  and  making  them 
offices  in  tliis  State,  and  providing  to  retain  the  jiersons  in  office, 
who  held  the  same,  which  ordinance  was  adopted  in  Convention  on 
the  ITth  .Tanuary,  1861,  and  the  ordinance  numbered  eight  of 
said  published  ordinances,  Avhich  authorized  the  Governor  to  re- 
ceive into  the  service  of  this  State  officers  in  the  service  of  tlie 
I'nited  States  who  should  resign  from  such  service,  which  ordi- 
nance was  adopt  ('<!  in  Convention  on  the  17th  .Tanuary,  1801, 
;ind  th<'  nrdinaucf  iiunibvred  nine  of  said    ijublished   ordinances. 


4t; 

>vhich  )iv(»\iile(l  for  the  abolition  ol"  useless  ottiees  toriiu-rly  exisl- 
'm<i  in  this  State  unJcr  the  F'ederiil  Goveniineiit,  wliieh  saiil  or- 
dinance was  adopted  in  Convention  on  the  17th  Jainiarv,  18G1  : 
the  ordinance  inimbered  eleven  ol"  said  iiuhlishcil  ordinanees, 
which  gives  power  to  the  General  ,\.ssenihly  to  declare  who  are 
citizens^of  this  State,  and  provides  for  the  punishment  of  such 
persons  as  shall  hold  office  in  this  State  under  the  United  States, 
wliich  ordinance  Avas  adopted  on  the  iTtli  Januarj-,  18G1  ;  the 
ordinance  numbered  seventeen,  creating  an  .Vdiniralty  Court  at 
Key  West,  which  Mas  adopted  on  the  ]nth  January,  18G1 ;  the 
ordinance  numbered  eighteen,  of  the  jtublished  ordinances,  pro- 
viding for  the  carriage  of  the  mails  in  this  State  and  for  other 
])urposes,  which  said  ordinance  was  adopted  on  the  1 9th  Janua- 
ry, 1861 ;  the  ordinance  numbered  nineteen  of  said  published 
(jrdinances,  which  transfers  to  the  Circuit  Courts  of  this  State 
Jurisdiction  over  the  subjects  of  jurisdiction  formerly  Avithin  the 
control  of  the  late  District  Court  of  the  United  States,  Avhicli 
said  ordinances  was  adopted  on  the  19th  Jamiary,  1801  ;  tlie 
i-esolution  adopted  in  Convention  on  the  18th  January,  18G1, 
directing  the  General  Assembly  to  provide  for  the  maintenance 
of  the  Light  Houses,  and  the  resolution  adopted  in  Convention 
on  the  17th  January,  18G1,  giving  instructions  to  the  Delegates 
sent  to  represent  this  State  in  the  Convention  of  Southern  States 
at  Montgomery  be  and  the  same  are  severally  amiulled  and  re- 
pealed. 

Passed  in  o))en  (\)nveTilion  April  24th,  ISGi. 


I    No.   33.     I 

An  Ordinance  relative  to  the  Public  Lands  of  this  State. 

J .  J]e  it  ordained  by  the  people  of  the  State  of  Florida  in  Con- 
rention  assembled^  That  the  State  of  Florida  has  jurisdictioii  over 
the  public  lands  within  her  limits,  and  she  now  assumes  the  pro- 
prietary right  therein,  and  will  account  for  the  same,  subject  to 
any  claims  the  State  of  Florida  may  have  against  the  late  United 
States,  through  the  Government  of  the  Confederate  States,  in 
such  manner  as  may  be  determined  in  a  final  adjustment  of  all 
rights  and  questions  pending  Ijetween  said  Confederate  States 
.and  such  Government  as  may  represent  the  other  States  of  the 
late  Federal  Union. 

2.  Jie  it  further  ordained,  That  it  shall  be  the  duty  of  the  Reg- 
ister of  State  Lands  to  t.ake  the  control  and  management  of  the 


47 

lands  enuriiigto  the  State  ou  and  since  the  10th  day  of  January, 
1861,  and  sell  thera  under  the  same  rules  and  regulations,  accord- 
ing to  law,  as  other  lands  under  his  control  are  now  sold,  except 
that  titles  to  the  same  shall  he  made  by  patents  issuing  in  the 
name  of  the  State  of  Florida,  signed  by  the  Governor  and  coun- 
tersigned by  the  Register,  Avith  an  official  seal  attached,  which 
seal  said  Register  is  hereby  required  to  provide ;  and  that,  for 
this  service,  he  shall  be  allowed  an  additional  Clerk,  with  a  salary 
of  eight  hundred  dollars,  until  otherwise  directed  by  the  General 
Assembly. 

o.  Be  it  further  ordained^  That  all  the  books,  maps,  plats  and 
other  documents,  instruments  and  other  proi)erty  in  the  posses- 
sion of  the  late  Surveyor  General  of  Florida,  the  several  persons 
who  were  late  Registers  and  Receivers,  and  the  several  Timber 
Agents  of  the  late  United  States  in  the  State  of  Florida,  shall, 
upon  being  required  by  the  Register  of  State  Lands,  as  soon  as 
may  be  after  the  passage  of  this  ordinance,  be  transferred  to  and 
I)e  kept  by  him  in  his  office  at  the  Capitol ;  and  for  the  cost  of 
such  transfer  he  shall  make  out  his  account,  which,  being  audited 
by  the  Comjitroller  of  Public  Accounts,  shall,  uj)ou  his  warrant, 
be  ])aid  by  the  Treasurer  of  the  State. 

k  JDc  it  farther  ordained^  That  the  j)ersons  having  in  their 
possession  the  books,  maps,  plats  and  other  documents,  instru- 
ments and  other  ))roperty  belonging  to  the  offices  of  the  late  Sur- 
veyor General  of  Florida,  the  Receivers,  Registers  and  Timber 
Agents  of  the  late  United  States,  are  hereby  required  to  transfer 
and  deliver  the  same  to  the  Register  of  State  Lands  upon  his 
requisition  ;  except  that  the  Spanish  Archives  in  the  posssession 
of  the  late  Surveyor  General  are  liereby  required  to  be  trans- 
ferred by  the  person  in  charge  of  the  same  to  the  Clerk  of  the 
Circuit  Court  of  St.  Johns  county,  to  be  kept  by  him  as  a  ])art 
of  the  records  of  his  office,  until  otherwise  directed  by  the  Gen- 
c\[i\  Assembly  of  the  State. 

•5.  Be  it  further  ordained^  That  the  Register  be  required  to 
appoint  one  suitable  person  in  each  of  the  judicial  circuits  of  the 
State,  (except  the  Middle  Circuit)  as  salesman  or  receiver  of 
these  lands,  whose  duty  it  shall  be  on  aijplication  for  the  pur- 
chase of  land,  upon  a  deposit  of  the  purchase  money  for  the 
same,  to  communicate  to  the  Register  the  name  of  the  party 
applying,  the  range,  township  and  section  of  land,  and  amount 
of  money  deposited,  upon  the  reception  of  which  the  Register 
shall  issue  a  patent  for  the  same  in  the  name  of  the  ])arty  pur- 
••hasing.  That  said  salesman  or  receiver  shall  at  the  end  of  each 
iind  every  quarter  make  to  the  Register  a  tair  return  of  all  lands 
entered  at  his  office,  embracing  the  name  of  the  purchaser,  the 
amount  of  )noney  ]>aid,  and  the  range,  township  and  section  of 
land.     That  such  salesman   or  receiver  shall   respectively  enter 


48 

luio  sMcli  honcls,  iu  sufh  uiiKnints  and  -wiLli  suc-h  socurieties  as 
may  be  ai)prove(l  by  the  Judge  or  Solicitor  of  their  respective 
Judicial  Circuits,  and  shall  receive  for  their  services  the  sum  of 
two  and  a  half  per  cent,  on  all  actual  sales  at  their  respective 
offices.  The  Register  shall  draw  on  the  several  salesmen  or  re- 
ceivers respectively,  at  the  end  of  each  and  every  quarter,  for  all 
moneys  in  their  offices  and  thereafter  on  warrant  of  the  Register, 
the  Treasurer  of  the  State  shall  pay  the  above  commission  to  the 
respective  salesmen  or  receivers. 

6.  Jie  if  farther  ordained^  That  the  Register  of  State  Lands 
be  and  he  is  hereby  required  to  complete  any  unfinished  work 
in  the  office  of  the  Surveyor-General,  and  for  this  purpose  to 
engage  the  services  of  some  competent  clerk,  who  for  such  ser- 
vice shall  receive  such  pay  as  the  said  Register  by  and  M'ith  the 
advice  of  the  GoAcrnor,  may  think  proper,  which  amount  shall, 
upon  his  warrant,  be  paid  by  the  Treasurer. 

7.  Be  it  fartlirr  ordabied^  That  all  money  received  from  the 
sales  of  said  lands,  shall  at  the  end  of  each  and  every  quarter 
l)e  paid  into  the  office  of  the  Treasurer  of  the  State,  to  be  ap- 
plied to  such  pin-])oses  as  may  be  hereinafter  directed  by  ordi- 
nance of  this  Convention. 

8.  lie  it  flirt  Iter  ordained^  That  no  military  or  bounty  land 
warrant  issued  by  the  Government  of  the  late  United  States  shall, 
after  the  passage  of  this  ordinance,  be  located  upon  any  of  the 
Public  Lands  of  this  State,  unless  due  proof  shall  Ix'  made  under 
•  >ath,  before  the  Register  of  State  Lands,  or  some  Judicial  officer, 
ib.at  such  land  warrant  was  held  by  a  citizen  of  this  State  on  the 
tenth  of  January,  1861  ;  but  all  such  warrants  so  held,  and  so 
proved,  may  be  located  upon  any  of  the  public  lands  of  the  State, 
in  the  sanui  manner,  and  under  the  same  laws  and  regulations 
as  they  could  have  been  under  the  government  of  the  late  United 
States. 

9.  Be  it  ftirtJur  ordained^  That  nil  monies  now  in  tJie  hands 
of  the  Receivers  of  the  several  Land  Offices  be  paid  over  to  the 
Treasurer  of  the  State,  and  they  and  their  sureties  shall  be  held 
harmless  against  all  damages  which  may  be  claimed  by  the  late 
United  States  by  reason  of  their  compliance  with  the  require- 
ments of  this  ordinance. 

10.  Be  iffurt/ier  ordained,  That  the  State  of  Florida  hereby 
assimies  all  arrearages  due  by  this  State  to  all  officers  and 
employees  connected  with  the  Surveyor  General's  Department, 
and  the  officers  and  employees  of  the  se^•eral  land  offices  Avithin 
this  State,  for  services  rendered  subsecpient  to  the  tenth  day  of 
of  January,  1861,  who  have  given  bonds  in  conformity  with  the 
ordinances  of  this  Ck)nvention,  to  be  paid  upon  warrant  of  the 
Register  of  State  Lands  upon  the  Treasurer,  and  tliat  they  account 
with  the  Register  of  Public  Lands  in   this   State  for  all   monies 


49 

which  have  come  into  their  hands  from  sales  vi'  lands  !»ince  the 
date  of  tenth  of  January,  1861. 

11.  Be  it  further  o)-dainc(7,  That  the  State  of  Florida  hereby 
assumes  all  arrearages  due  by  the  late  government  of  the  United 
States  to  all  otiicers  and  eni])loyecs  connected  Avith  the  Surveyor 
General's  ilepartment,  the  several  land  ofhces  and  all  timber 
agents  within  this  State  for  services  rendered  prior  to  the  tentli 
day  of  January,  18G1,  tlie  correctness  of  the  same  and  that  it  had 
never  been  paid  having  been  first  made  under  oath  before  the 
Register,  or  some  Judicial  officer,  and  the  same  shall  be  paid  by 
the  Treasurer  of  the  State,  irom  funds  arising  from  the  sales  of 
the  public  lands,  u])on  the  warrant  of  the  Com]»trolk'r  of  Public 
Accounts,  said  Comptroller  having  first  audited  the  same. 

12.  lie  itfiii'tlttr  ordai/itd,  That  all  laws  and  parts  of  laws  of 
the  late  Government  of  the  United  States,  respecting  the  sales 
and  surveys  of  the  public  lands  in  this  State,  and  all  rules  and 
regulations  concerning  the  same,  which  Avere  in  force  in  this 
State  on  the  tenth  day  of  January,  ISGl,  and  which  are  not  in- 
consistent with  any  of  the  ordinances  passed  by  this  Convention 
shall  continue  in  full  force  in  this  State. 

13.  IJi  it  further  ordained.  That  the  several  land  offices  at 
St.  -Augustine,  Tamjia,  Newnansville  and  Tallahasscoe,  and  the 
office  of  Surveyor-(i!eneral  of  the  State  of  Florida,  mider  the 
late  United  States,  be  and  the  same  are  hereby  abolished. 

14.  lie  it  further  ordained.  That  the  Register  of  State  Lauds 
be  and  he  is  hereby  authorized  to  make  all  necessary  arrange- 
ments and  to  take  all  proper  measures  to  bring  into  market,  by 
first  olfering  the  s;jme  at  public  auction,  all  lands  included  in  the 
Military  and  Xaval  Reserves  of  the  late  United  States,  except- 
ing so  much  as  may  be  deemed  necessary  for  the  use,  occupation 
and  possession  (»f  such  forts,  dock-yards,  navy-yards,  and  other 
public  structures  as  may  be  ceded  by  this  State  to  the  Confed- 
erate States,  which  shall  be  determined  by  a  joint'commission  of 
two  Commissioners,  to  be  agreed  upon  by  the  Governor  of  the 
State  of  Florida  alid  the  President  of  the  Confedei'ate  States, 
and  excepting  further  certain  lands  in  Ilillsliorough  and  Escam- 
bia counties,  hereinafter  provided  for.  The  times  of  such  ])ublic 
auction  to  be  determined  by  said  Register,  l)y  and  with  the  ad- 
vice of  the  Governor.  Provieleel,  ucvertheksg,  the  minimum 
prices  of  such  lands  within  six  miles  of  any  railroad  line  shall  be 
two  and  a  half  dollars  per  acre,  and  of  other  lands  one  dollar 
and  twenty-five  cents  per  acre,  and  the  necessaiy  expenses  of 
such  public  sales  shall  be  ]jaid  out  of  the  ])roceeds  thereof,  and 
the  balance  of  money  arising  from  the  same  shall  be  paid  into 
the  Treasury  as  and  for  the  same  purpose  as  from  other  lands. 
After  these  lands  shall  have  been  so  offered,  the  lands  remaining 

4 


50 

misokl, shall  he  suhject  to  entry  at  the  ininimuni  price  above 
named.  .\1I  other  lands  already  surveyed  are  hereby  rendered 
subject  to  eiiliy  at  the  same  ])ri(.'es  as  under  the  late  United 
States. 

15.  lie  it  fui'thti'  orduiiud^  That  in  all  eases  of  erroneous  en- 
tries Jiei'etofore  made,  or  whieh  may  hereafter  be  made,  Avhicli 
were  caneelled  by  the  authorities  of  the  late  United  States,  or 
which  may  hereafter  be  cancelled  by  the  llegister  of  State  Lands 
of  this  State,  and  the  purchase  money  for  which  has  not  been 
refunded,  the;  Treasurer  is  hereby  authorized  and  I'equired  to  re- 
fund the  same  out  of  the  moneys  received  by  him  on  account  of 
the  public  lands,  upon  the  certificate  of  said  Register  that  such 
entry  or  entries  have  been  cancelled. 

10.  Beit  further  ordained^  That  should  the  Register  of  State 
Lands,  in  the  discharge  of  his  official  duties,  require  lerjal  advice, 
the  Attorney  General  of  "the  State  shall  be  and  he  is  hereby  in- 
structed to  give  the  same  upon  application  of  said  Register. 

17.  Be  it  fio'thtr  ordained,  That  the  Governor  of  the  State  of 
Florida  be  and  he  is  hereby  required,  by  issuing  Patents  in  the 
n.'une  of  the  State  of  Florida,  signed  by  the  Governor  and  coun- 
tersigned by  the  Jlegister  of  State  Lands,  with  his  ofticial  seal 
.•iltached,  to  i)erfect  all  titles  to  lands  heretofore  sold  or  granted 
by  the  late  United  States,  (where  such  sales  or  grants  have  not 
heretofore  been  patented,  and  ^here  the  laws  of  the  late  United 
States  and  of  this  State  itertaining  thereto  have  been  fully  com- 
plied with,)  and  also  to  such  as  may  hereafter  be  sold  in  the  land 
office  of  tliis  State. 

18.  Be  it  further  ordained,  ^Thut  if,  at  any  time  hereafter  it 
sliall,  in  the  opinion  of  the  General  Assembly,  be  to  the  best  in- 
terest of  the  State  to  reduce  the  price  of  these  lands,  such  reduc- 
tion may  be  made  by  a  vote  of  two-thii'ds  of  both  houses  of  that 
body. 

19.  Be  it  fi(rther  ordaintd,  That  all  moneys  arising  from  the 
sales  of  these  lands  shall  l)e  applied  to  the.  payment, — first,  of 
debts  liereinbefore  assumed  by  the  State,  and  of  the  salaries  of 
the  several  Land  OtHcers  herein  provi<lcd  for  and  the  necessary 
expenses  jiertaining  to  the  discharge  of  their  duties.  Secondly, 
1.0  the  payment  of  sucli  interest  as  may  accrue  on  bonds  about 
to  be  issued  by  the  States  ol' Florida,  and  for  the  final  extinguish- 
ment of  the  debt  created  by  said  bonds;  and  if,  thereafter,  there 
should  be  a  residue,  it  shall  be  ajjplied, — first,  to  the  payment  of 
any  Treasury  Notes  which  may  be  issued  by  the  State,  and  if 
said  fund  sliall  Jiot  have  been  thereby  exhausted,  it  shall  be  then 
applied  to  the  ordinary  expenses  of  the  State. 

20.  Be  it  further  ordained,  That  the  County  Counuissioners 
of  Hillsborough  county,  and  their  successors  in  office,  be  and  the 
j^ame  are  hcrel)y  made  and  aj^pointed  Counuissioners  for  the  loca- 


51 

lion,  siux'ey  ami  division  into  blocks  iind  lots  ot'  a  towu  site  on 
th(^  military  reservation  in  the  atbrenanieil  county,  at  sucli  point 
adjaccal  t<>  tlu'  tt>\vii  i;{'  IVunjia,  and  in  siicli  nianuer  as  may,  in 
their  judgment,  promote  to  the  best  advanta;^e  the  sales  of  the 
same.  And  the  said  Commissioners  shall  further  subdivide  into 
farms,  so  much  of  the  remainder  of  said  military  reserve,  as  in 
tlieir  judgment  may  be  conducive  to  the  sale  thereof  to  the  best 
advantage,  excepting  such  portion  thereof  as  may  have  been 
heretofore  selected  by  the  Agents  of  this  iState,  and  designated 
by  them  as  swam])  ami  overflowed  lands ;  and  for  this  pm-pose 
said  Commissioners  shall  have  power  to  employ  a  competent 
Surveyo]",  and  shall  make  to  said  Surveyor  a  reasonable  compen- 
])ensation,  the  amount  of  which  shall  be  signified  under  their 
signatures  to  the  Comptroller  of  Public  Accounts,  upon  whose 
warrant  the  same  shall  be  paid  by  the  Treasurer. 

21.  Be  tt farther  ordahicdy  That  so  soon  as  the  above  surveys 
shall  have  been  completed,  and  ;it  as  early  a  day  as  ])racticable, 
the  aforenamed  Commissioners, having  first  given  notice  by  adver- 
tisement for  one  month  in  the  jniblic  newspajiers  in  Tampa,  Tal- 
lahassee, Jacksonville  and  Savannah,  (one  at  e;ich  place)  shall 
t)tter  the  same  at  public  auction  to  the  highest  bidder,  liaving 
first  fixed  a  miiiinxum  price  thereto  ;  and  shouhl  any  person  have 
any  buildings  or  private  ])roj)erty  on  any  of  these  lands,  and  said 
lands  should,  on  the  sale  thereof,  be  knocked  oil"  to  any  person 
or  persons  other  than  the  owners  of  such  buildings  <ir  other  pri- 
vate i)roperty,  then  the  said  Connnissioners  shall  select  three 
Kuitable  persons  to  assess  and  fix  a  valuation  to  such  pro])erty; 
.and  thereupon  the  party  having  before  bid  ofi"  said  lot  or  lots  ot 
lands  shall  be  required  to  pay  to  the  owner  thereof  the  aforesaid 
valuation,  or  yield  his  claim  to  said  land  to  the  next  bidder  belov/. 

22.  Be  It  farther  ordained^  That  upon  api>lication  of  the  pur- 
diaser  or  purchasers  of  all  such  lands,  Avith  a  certificate  of  said 
)>urchase  from  the  said  Connnissioners,  and  upon  payment  of  the 
amount  due  for  the  same  to  the  Register  of  State  Lands,  said 
sales  shall  be  recorded  and  patented  to  the  same  in  the  same 
manner  as  other  public  lands. 

2."i.  Be  it  farther  ordained.  That  should  any  of  such  lands,  so 
surveyed  and  divided  under  the  direction  of  said  Conmiissioners, 
remain  imsold  ;it  such  ]»ublic  sale,  the  Commissioners  are  hereby 
empowered  to  manage  and  dispose  of  said  lands  by  ]»rivate  or 
public  sale,  and  at  such  times  as  they  may  deem  best. 

24.  Be  it  farther  ordnined^  That  the  remahiing  lands  of  the 
aforesaid  Military  lleservation,  aftei-  the  above  portions  shall  liave 
been  so  dis])osed  of,  shall  be  o)>en  for  entry  in  the  same  manner 
as  other  public  lands. 

25,  Be  it  farther  orekdned.  That  the  Count}  Connnissioners 
of  the  County  of  AVakulla  bo  and  they  are  hereby  made  and 


appointed  Cornuiissioiierjs  to  dispose  ul'  ct'rtaiii  lots  and  lands 
reserved  by  the  lato  Government  of  the  United  States  at  8t. 
Marks,  and  sueh  Commissioners  are  hereby  empowered  to  sell 
such  lots  and  lands  either  at  public  outcry  or  at  ]jrivate  sale,  as 
in  their  judgment  nuiy  be  1)est  for  the  interest  of  the  State. 

26.  lie.  it  furtht)'  ordained^  That  upon  the  presentation  of  the 
certiticates  of  such  sale,  over  the  signatures  of  said  Commission- 
ers, to  the  Register  of  State  Lands,  and  payment  to  said  Regis- 
ter of  the  purchase  money  for  the  same,  said  sales  shall  be 
recorded  and  })atented  in  the  same  manner  as  other  public  lands. 

27.  Be  it  farther  ordcmted,  That  the  Commissiuni-rs  of  the- 
County  of  Escambia,  and  their  successors  in  office,  are  hereby 
authorized  to  select  three  Commissioners  (and  to  lill  vacancies 
tlierein,)  whose  duty  it  shall  l)e,  after  selection  shall  have;  been 
made  as  hereinafter  provided  of  so  much  lands  of  the  Naval 
Reserve  as  may  be  deemed  necessary  for  the  use,  occupation  and 
possession  of  the  forts,  dock-y:>rds,  navy-yards  and  othei-  ijublic 
structures  in  the  vicinity  of  Pensacola,  to  affix  a  fair  valuation 
as  a  minimum  pi-ice  to  all  lots  in  the  towns  of  Woolsey  and 
Warrington  which  may  have  been  improved  and  not  selected  as 
above,  and  oiier  the  same  at  such  minimum  price  to  the  owners 
of  such  improvements  ;  but  should  such  owners  not  be  Avilling 
to  pay  the  same,  then  all  such  lots  shall  be  sold  us  other  lands 
horemafter  directed. 

28.  JBe  it  further  orddi/ied.,  That  said  Commissioners  shall 
have  power  to  employ  a  competent  Surveyor,  to  lay  off  into  lots 
and  farms,  under  their  direction,  so  much  and  such  of  the  re- 
maining lands  of  said  Naval  Reserve  as  they  may  deem  conducive 
to  the  best  interest  of  the  State,  and  to  affix  a  minimum  value 
to  the  same,  and  after  having  given  notice  for  one  month  in  a 
public  newspaper,  jtublished  in  the  several  towns  of  Pensacola, 
Tallahassee,  Mobile  and  Montgomery,  for  the  public  sa.le  thereof, 
at  such  time  or  times  as  they  may  deem  advisable,  they  shall 
offer  the  same  at  public  aucti(jn  to  the  highest  bidder.  And  the 
purchaser  of  parchasers  of  said  land,  as  well  as  of  the  lots 
named  in  the  foregoing  section  shall  recei\e  patents  for  the 
same,  in  the  same  manner  as  is  hereinbefore  provided,  in  section 
20.  Said  Commissioners  shall  allow  to  said  Surveyor  a  reason- 
able compensation,  to  be  approved  by  the  Register  of  State 
Lands,  and  upon  his  Avarrant  to  be  paid  by  the  Treasurer. 

29.  Be  it  further  ordained.  That  should  any  lands  of  said  Re- 
serve, so  divided,  remain  unsold,  the  said  Commissioners  are 
hereby  empowered  to  sell  the  same,  in  such  manner  and  at  sucli 
times  as  they  may  deem  to  the  best  interest  of  the  State.  But 
Bhould  there  be  in  said  Reserve  any  lands  not  so  divided,  then 
the  same  sha,ll  be  disjtosed  of  in  the  same  manner  as  lands  in  oth- 
er reserves  hereinbefore  provided  for. 


53 

30.  Be  it  further  ordained^  That  the  Commissioners  afore- 
named, as  Avell  at  St.  Marks  as  at  Tampa  and  Escam])ia  County, 
shall  be  allowed  two  and  a  half  per  cent,  on  their  actual  sales  cf 
all  such  lots  and  lands,  said  amount  to  be  ascertained  and  audited 
by  the  Recrister  of  State  Lands,  which  shall  upon  his  warrant  be 
paid  by  the  Treasurer  of  the  State. 

31.  ^e  !t  further  ordained.  That  should  the  demand  for  land.s 
m  South  Florida,  at  any  time  in  the  judgment  of  the  Governor 
of  this  State,  render  it  advisable  to  bring  the  same  into  market 
then  the  Governor  of  the  State  shall,  with  the  .-idvice  and  consent 
of  the  Senate,  have  power  to  instruct  and  require  the  Res-ister  of* 
State  Lands  to  }>roceed  to  have  the  same  surveyed  in  the  same 
manner  :md  under  the  same  rules  and  regulations  as  public 
lands  in  tiiis  State  have  heretofore  been  surveyed  under  the  Gov- 
ernment of  the  late  tJnited  States,  and  to  *])Iace  the  same  in 
market. 

32.  Jie  if  further  ordtcihed,  ITiat  should  such  surveys  be  or- 
dered, the  expenses  for  the  same  shall  be  provided  for  by  the 
General  Assembly  of  this  State,  out  of  any  money  in  the  Treasury 
of  the  State,  not  otherAnse  a))pro])riated.* 

33.  B(  -it  further  ordi/ijied.  That  .all  laws  and  parts  of  laws, 
:md  ordinances  and  ])arts  of  ordinances,  now  in  force  in  this 
State  and  conflicting  with  this  ordinance,  be  and  the  same  are 
herel)y  repealed. 

34.  Be  it  further  ordained.  That  the  General  Assembly  of  this 
State  be  and  the  sanu"  is  hereby  debarred  .-md  precluded  from 
giving,  granting,  apjirai^ri.ating',  or  disposing  of  these  lands  in 
any  mamiei-  whatever  :  Pro>:ided,  however.  After  the  Bonds  and 
the  interest  which  may  have  accrued  thereon,  as  Avell  as  the 
Treasury  notes  issued  by  this  State,  shall  have  been  paid,  then 
the  General  Assembly  shall  have  power  to  a])ply  any  balance 
arising  from  the  sale  of  these  lands  to  the  ordinary  exjienses  of 
the  State  (ioverument. 

35.  Be  it  further  ordainid.  That  the  (i!ovei-nor  <,['  this  State 
be  and  he  is  here1)y  authorizeil  to  appoint  one  Connnissiouer  to 
act  in  connection  with  a  Connnissiouer  to  In-  :ij)])()inted  bv  the 
President  of  the  Confederate'  States,  to  select  such  and  .-o  nuic?. 
of  the  publii-  laiuls  of  this  State  as  may  by  them  be  deemed 
necessary  for  the  use,  occupation  and  possession  of  such  Font., 
Dock  Y.ards,  Navy  Yards  and  other  structures,  as  ma^  be  r-eded 
by  this  State  to  the  Confederate  States. 

36.  Be  it  further  ordained,  Tliat  no  provision  contained  in 
any  of  the  ordinance  relative  to  the  jniblic  lands  of  the  late  United 
States  is  intended  to  affect  or  in  any  wise  be  consti-ued  to  the 
prejudice  of  the  rights  which  the  State  of  P'lorida  has  acquired 
to  the  swamp  and  overflowed  lands,  imder  and  bv  \irtue  of  any 
act  of  the  Congress  of  the  said  Ihn'ted  States,  granting  snid  lands 


54 

to  this  Slutf,  wlR-llier  the  t>;vine  have  heen  lueated  ami  i^elocted 
or  not;  and  the  Trustees  of  the  same  are  herehy  authorized  and 
required,  to  cause  the  SAvanip  and  overflowed  hinds  to  he  located 
and  selected  from  such  lands  as  have  not  yet  been  surveved  and 
oft'ered  for  sale,  as  soon  as  the  unserveyed  lands  shall  have  heeii 
sarveyed. 

Done  in  open  Convention,  A\m\  20,  18G1. 


[    No.  34.    1 

An  ordinance  to  raise  money  for  the  immediate  exigencies  of  the 
State,  and  for  the  payment  of  the  public  debt. 

1  liti  It  onlahied  by  the  ptOjAc  of  the  Nute  of  Florida  hi- 
Convention  ossemhled.  That  the  Governor  be  and  he  is  hereby 
authorized  to  borrow  the  sum  of  five  liundred  thousand  dollars, 
to  bo  applied,  first,  to  the  debts  of  the  State,  and  secondly,  to 
such  other  pm'poses  as  the  condition  of  the  country  may  render 
necessary. 

2  Be  it  furtJtcr  oydaintd^  That  the  Treasurer  of  the  State  is 
hereby  autliorized  and  required,  mider  the  direction  of  the  (Gov- 
ernor, to  cause  to  be  issued  coupon  bonds,  in  sums  of  ^25,  |v50, 
§100,  $500,  and  !S51,000,  amounting  in  the  aggregate  to  $500,000, 
to  be  signed  by  the  Treasurer,  and  countersigned  and  registered 
by  the  Comptroller  ;  and  tlie  s;;id  bonds  shall  be  made  payable 
at  the  expiration  of  twenty  years  from  the  first  day  of  July  next, 
acid  the  interest  thereon  shall  be  paid  semi-annually  in  the  city  of 
Charleston,  at  the  rate  of  eight  per  cent,  per  annum. 

3.  Be  it  further  ordained.,  That  at  the  expiration  of  five 
years  from  the  first  day  of  July  next,  the  State  may  pay  up  any 
portion  of  the  bonds,  u})on  giving  three  months  previous  public^ 
notice  at  the  seat  of  government  of  the  particular  bonds  to  lie 
paid,  and  the  time  and  place  of  jiayment,  and  from  and  after  the 
time  so  appointed  no  furthei*  interest  shall  l)e  ]inid  on  said 
bonds. 

4.  Be  it  farther  ordained,  Tliat  the  re\enue  arising  froju 
the  sale  of  the  pul^lic  lands',  except  the  proceeds  of  the  lands 
specifically  set  apart  for  Education  and  Internal  Im[)rovements, 
shall  be  primarily  a])plied  to  the  payment  of  the  interest  on  the 
bonds  enacted  by  this  ordinance. 

5.  Be  it  further  ordained.  That  in  case  the  revenue  arising 
from  sales  of  the  lands  herein  de.votedto  pay  the  interest  on  said 
Vonds  shall  be  likelv  to  be  insulficint  therefoi',  the  General  As- 


55 

r 

senibly  shall  levy  a  special  tax  to  pay  said  interest ;  aud  any  Ihm 
for  such  purpose  shall  be  passed  at  such  period  of  time  as  %vill 
prevent  any  failure  to  })ay  said  hiterest. 

6.  Jie  it  J'/o't/icr  ordained,  That  any  excess  of  revenue  arisinrj 
from  the  sale  of  the  lands  above  which  may  be  necessary  for 
payment  of  interest  on  said  bonds,  shall  be  invested  by  the  Trea- 
surer from  time  to  time,  under  the  instructions  of  the  Governor, 
in  some  safe  stock,  to  constitute  a  sinking  fund  for  tlie  ultimate 
redemption  of  thebomls.  .Vnd  should  such  excess  at  any  time  be 
insuilicient  to  create  the  necessary  sinking  fund  to  redeem  said 
bonds  at  maturity,  the  CTcneral  Asst'inbly  shall  provide  from  tlic 
revenue  of  the  State  for  such  deficiency  ;  and  should  such  excess 
exceed  the  amount  necessary  for  the  sinking  fund  aforesaid,  then 
the  balance  shall  be  paid  into  the  State  Treasury. 

7.  Be  it  //o't/ier  ordained^  That  the  Governor  shall  cause 
books  of  su])scription  for  said  loan  to  be  ojjened,  under  the 
superintcndance  of  Commissioners  a])i)ointed  by  him,  in  such 
places  as  he  may  think  jiropci-. 

8.  Be  it  farther  ordoiiied^  That  the  money  subscribed  to  the 
loan  hereby  authorized  shall  be  paid  to  the  Treasurer  of  the 
State,  who  is  authorized,  under  the  direction  of  the  Governor,  to 
designate  responsible  })laces  of  deposit  in  this  State,  and  in  such 
other  places  as  he  may  thitdc  ]M-opcr. 

9.  Be.  it  further  ordained^  Tliat  the  Treasurer  sliall  deliver  to 
the  subscribers  to  said  loan,  bonds  as  albresaid  for  such  amount 
of  money  as  each  may  have  subscribed  and  paid  under  the  pro- 
visions oi'  this  ordinance. 

10.  Be  it  farther  ordaine'.i\  Tliat  this  is  declared  to  be  in  lieu 
and  substitution  of  the  act  passed  by  the  Legislature  at  its  last 
session  for  creating  a  loan  of  five  hundred  thousand  dollars,  ap- 
proved the  14th  February,  1801,  and  that  said  act  of  the  Legis- 
lature be  and  the  same  is  hereby  rcjjealed. 

Passed  in  open  Convention,  April  21st,  180]. 


l.    No.  35.    j 

JJe  it  ordained  by  the  people  of  the  State  of  Florida  in  Con- 
ventioii  assembled^  That  so  much  of  Ordinance  No.  22,  hereto- 
fore passed  by  this  Convention,  giving  power  to  the  Governor, 
by  and  with  the  advice  and  consent  of  this  Convention,  to  appoint 
Delegates  to  represent  this  State  in  the  Provisional  Government 
be  and  the  same  is  hereby  repealed. 

Passed  m  open  Convention  April  26,  1801. 


56 


[    No.  36.    1 

An  Ordin:mcf  I'or  i  he  relief  of  Railroad  Companies  and  the  Col- 
leetors  of  Customs. 

Be  it  ordabied  hi/  the  people  of  the  IState  of  1^^ lor i da  in  Con- 
vention assembled.  That  all  duties  on  importations  of  iron  which 
were  due  to  the  Government  of  the  late  United  States  by  the 
Pensacola  and  Georgia,  and  Alabama  and  Florida  Railroad 
Companies,  incor})orated  by  the  Legislature  of  this  State,  and 
any  such  duties  which  have  become  due  by  either  of  said  Com- 
panies between  the  tenth  day  of  January  and  tenth  day  of  Febru- 
ary of  this  year,  may  be  secured  to  be  paid  by  any  of  said  companies 
by  the  execution  of  a  bond,  with  two  or  more  sufficient  sureties,  to 
be  approved  by  the  Treasurer  of  the  State,  in  a  penalty  of  double 
the  amount  of  the  duties  due ;  which  bond  or  bonds  shall  be  made 
payable  to  the  Governor,  or  his  successors  in  office,  tAvelve  months 
after  their  date,  w  ith  interest  at  the  rate  of  eight  per  cent,  per 
annum  from  the  date  at  which  such  duties  become  due.  And  such 
bond  or  bonds  shall  l)e  deposited  with  said  Treasurer.  And  in 
case  of  fxilure  of  the  jiayment  of  such  sum  or  sums  so  secured 
to  be  paid,  the  Circuit  Court  of  Leon  Comity  shall,  on  motion 
of  the  Attorney-(Teneral,  award  judgment  nnd  execution  against 
the  parties  to  said  bond  or  bonds,  written  notice  of  the  intention 
to  make  such  motion  having  been  served  on  each  and  every  of 
said  parties  to  said  bonds  ten  days  before  the  day  on  which  such 
motion  is  to  be  made  ;  and  the  execution  on  any  judgment  s(> 
rendered  shall  issue  instantei* ;  and  a  sale  of  property  levied  on 
imder  such  execution  shall  take  place  on  any  day  in  the  year, 
after  notice  shall  have  been  given  as  proA'ided  by  hiw  in  cases  of 
sales  under  execution. 

Be  it  further  ordained,..  That  upon  the  presentation  to  any 
C'ollect'or  of  a  certificate  from  the  Treasurer  that  bonds  have 
been  given  as  hereinbefore  required,  said  Collector  be  and  he  is 
hereby  authorized  to  deliver  to  the  Company  or  their  agent,  any 
and  all  iron  on  which  the  duties  were  or  are  due  as  aforesaid, 
and  to  close  his  accounts  with  the  Pensacola  and  (Jeorgia,  and 
the  Alabama  and  Floiida  Ilailroad  Companies  for  duties,  and  to 
return  to  them  any  assets  which  they  may  have  ])laced  in  his 
hands  si.s  collateral  security,  the  State  assmning  hereby  all  the  re- 
sponsibility that  attached  lo  said  Collector  on  account  of  said 
duties. 

Pass('(i  in  o] ten  (■'ojivontioii,  the  27th  of  April,  18G1. 


57 


[    Ko.  37.    ] 

Be  it  ordained  by  the  people  of  the  /State  of  J^lorida  in  (Jon- 
cention  assembled,  That  the  "  quahfied  surrender  of  the  Forts, 
munitions  of  war,  etc.,  at  Pensacola,"  made  to  the  "  Provisional 
Government  of  the  Confederate  States,  by  the  Governor  of  this 
State"  be  and  the  same  is  hereby  appro.ved  and  contirmed. 

Be  it  further  ordained,  Tliat  all  Forts,  Light  Houses,  Buoy^, 
Dock  Yards,  Navy  Yards,  >\rsenals,  Barracks,  Hospitals,  and 
otiier  j)ublic  structures  within  the  State  of  Florida,  excejjting  the 
Arsenal  on  the  Chattahoochee  and  the  necessary  lands  around 
the  same,  the  Barracks  in  St.  Augustine  and  grounds  attached, 
and  such  jjublic  buildings  as  may  be  on  the  Military  lieserve  at 
Tampa,  together  with  so  xwneh  of  the  lands  around  the  same  as 
may  be  selected  by  Commissioners  ap])ointed  for  that  purpose, 
ber<^ofore  provided  for  by  ordinance  of  this  Convention,  be  and 
the  same  are  liereby  ceded  to  the  Confederate  States  of  America, 
for  their  oeciipation,  use  and  possession  for  the  comnu)n  protec- 
tion and  benefit  of  said  Confederate  States  so  long  :is  Florida 
shall  be  and  continue  a  member  of  the  same. 

Be  it  further  ordained,  Tiiat  the  Legislature  be  empowered 
to  dispose  of  the  Arsenal  at  Chattahoochee,  and  the  Barracks  at 
St.  Augustine,  to  such  uses  and  jiurposes  as  in  their  judgment 
may  seem  best. 

Passed  in  opr-it  ("onvention,  April  27th,  l(^(il. 


!    No.  38.    J 

.\\\  <  )rdii!:nice  fur  ^lilitavy  Purposes. 

Be  it  ordained  b>/  th<  pr.otih  (f  the  Stntc  of  J'^loridn  in  Con- 
tention ass<  )nhled.  That  whenever  the  ])rotcction  of  the  people 
and  defence  of  the  State  from  sudden  or  ajtprehended  invasion 
shall  require,  tlu'  (Governor  be  and  he  is  liereby  authorized  to 
call  into  seiwice  such  number  of  troops  as  he  may  deem  neces- 
sary for  such  purpose,  and  such  troojis,  wliile  in  service,  shall  be 
subject  to  the  rules  and  articles  of  war  of  the  Clonfederate  States, 
.and  he  shall  appoint  the  conunanding  officer  of  such  force,  with 
rank  and  ]>.ay  to  corresjjond  with  the  munber  of  troops  called 
into  service.  The  other  commis'^ioiuMl  officers  shall  be  elected  by 
the  troops. 

/>>    if   fnrthrr  ii,'<li'in<:d,,  '.Plint  the  G(i\  .'i-iior  >li:i!l  ha\  <■  pown- 


58 

tu  apjjoint  and  coiiiiuission  eiigineer(>  and  artillery  ufficer.s,  and 
such  other  officers  as  may  be  necessary,  to  instruct  tlie  ti'oops  and 
militia  in  military  tactics,  and  to  prescribe  their  yank. 

Be  it  furtJier  ordained^  That  all  staft'  officers  shall  be  appointed 
from  among  the  citizens,  either  civil  or  military,  at  the  discretion 
ofthe  ap])ointing  power,  and  that  all  laws  and  parts  of  laws  con- 
flicting with  this  ordinance  be  and  tlie  same  are  hereby  repealed. 
Be  itfurtJicr  ordahud,  That  the  officers  and  men  of  all  ranks 
and  grades  in  the  service  of  Florida,  wlien  called  into  service  or 
placed  on  duty,  shall  receive  tlie  same  pay  as  officers  and  men  of 
like  rank  in  the  army  of  the  Confederate  States. 

He  U  further  ordahud,  That  the  officers  created  by  this  ordi- 
nance for  S2)ecial  service,  shall  vacate  their  commissions  Avhenever 
the  service  for  which  they  have  been  called  shall  have  tei-mi- 
uated  and  the  men  mustered  out  of  service. 

Be  itfurther  ordained.  That  the  Governor  shall  have  })ower 
to  appoint  the  following  staff  officers :  One  Adjutant  and  lu- 
>pector-General,  one  Surgeon-General  and  four  Aids-de-Ca«ip, 
with  the  rank  of  Colonel ;  one  Quartermaster-General,  and  one 
Paymaster-General,  with  the  rank  of  Lieutenant-Colonel ;  and 
the  said  Quartermaster-General  shall  also  perform  the  duties  of 
Chief  of  Ordnance. 

Be  itfurther  ordained^  That  the  Surgeons  and  Assistant-Sur- 
geons for  all  troops  called  into  service  shall  be  appointed  and 
commissioned  by  the  Governor. 

Done  in  open  Convention,  April  27,  1861. 


[    No.  39.     1 

Wheeeas,  a  conflict  of  arms  has  happened  between  the 
forces  of  the  Government  holding  possession  of  the  army  and 
navy  ofthe  late  United  States,  and  a  Avar  of  invasion  has  been 
commenced  by  said  Government  upon  the  rights,  liberties  and 
soil  ofthe  people  ofthe  Confederate  States,  and  as  adhering  to 
such  Government,  voluntarily  admitting  its  authority  and  obey- 
ing its  commands,  assisting  its  military  oi"  naval  operations 
against  the  Confederate  States  by  any  inhabitant  or  citizen  of 
the  State  of  Florida,  would  be  justly  jnmishable  as  a  crime  of 
the  greatest  magnitude,  and  whereas,  the  stirring  up  and  promo- 
ting of  rebellion  and  disaffection  to  the  Government  of  the 
Confederate  States,  are  at  the  present  .time  acts  dangerous' to 
our  safety  as  a  people  ;  therefore,  for  the  purpose  of  detering 
all  evil  disposed  persons  from  being  guilty  of  such  crime  ; 


50 

Tie  it  onlaintd  hy  t)te  pmple  of  the  State  of  Florida  in  Con- 
'\udwn  assembled.,  Tliat  if  any  person,  being  an  inhabitant  or 
(iitizen  of  this  State,  shall  voluntai'ily  and  without  force  ac- 
knowledge and  obey  any  laws  or  orders  of  the  Ciovennnont  of 
the  late  tinited  States  of  America,  sought  to  be  enforced  in  this 
State,  or  shall  take  or  hold  office  under  the  authority  thereof,  or 
shall  plead  and  })ractice  as  an  attorney  at  laAV  or  solic-itor  in 
ec^uity,  or  proctor  in  Admiralty,  befoi-e  any  Court  in  this  State 
claiming  to  act  under  the  laws  of  said  United  States,  the  persons 
so  offending,  shall,  u]»on  conviction,  be  ]»anished  by  fine  and  im- 
j)risonmcnt,  at  the  discretion  of  the  jury,  and  shall  moreover 
forfeit  all  of  his  or  their  lands,  tenements,  goods  and  chattels  to 
the  use  of  the  Stale,  and  be  forever  disqualified  from  the  privi- 
leges of  citizenship  in  this  State. 

Jh  it  further  ordai/ird.  That  if  any  person  who  resided  in 
this  State  on  the  10th  day  of  January  last,  shall  depart  from  the 
State  after  the  passage  of  this  ordinance  for  the  purpose  of  ac- 
(piiring  a  residence  or  becoming  a  citizen  of  any  of  the  Slates  of 
the  late  United  States,  which  shall  assist  the  Government  at 
Washington,  claiming  to  be  the  Government  of  the  United 
States,  against  the  Confederate  States,  the  property  of  such  per- 
son so  takini*  refuge  with  the  enemies  of  this  State  and  of  the 
Confederate  States,  shall  be  seized  by  the  order  of  the  Execu- 
tive and  confiscated  by  the  judgment  of  the  Circuit  Court  on 
proof  of  the  acts  aforesaid  being  made  betore  said  Court. 

Be  if  further  ordained.  That  if  any  person  shall,  by  speech  or 
writing,  strive  to  stir  uj)  a  rebellicm  in  this  State- against  the 
authority  of  the  State  or  of  the  Confederate  States,  or  shall,  by 
word  or  deed,  endeavor  to  create  sedition  or  be  engaged  in  any 
seditious  or  rebellious  meeting  assembled  to  excite  resistance  to 
the  authority  of  this  State,  or  of  the  Confederate  States,  or  shall 
endeavor  to  seduce  any  one  in  the  military  or  naval  service  of 
this  State  or  of  the  Confederate  States,  to  desert  or  betray  a 
trust  reposed  in  him  or  them,  all  persons  so  offending  shall  be 
guilty  of  Petty  Treason,  and  on  conviction  shall  be  fined  and 
imprisoned  at  the  discretion  of  the  jury,  and  be  required  to  find 
security  for  good  behavior,  or  in  default,  to  remain  in  prison  or 
be  employed  on  any  ])ul)lic  work,  as  the  Court  may  order. 

Passed  in  open  (Convention,  A]iril  27th,  ]8G1. 


[    1^0.  40.    J 

Ue  it  ordained  l>>i  the  p^opU  of  t!ic  State  of  Jrlorida  in  Con- 
■'■ntion  assembled.  That  the  additional  Section  to  the  fifth  Arti- 
cle of  the  Constitution  adopted  by  the  Convention  on  the   19th 
day  of  April.  1801,  which  is  in  the  following  words: 


60 

''The  Genera)  Assembly  shall  have  power  to  create  special 
tribunals  for  the  trial  of  offences  committed  by  slaves,  free  ne- 
groes and  mulattoes,  and  imtil  the  General  Assembly  otherwise 
provides,  there  is  licreby  created  a  Court  in  each  County,  which 
shall  consist  of  two  Justices  of  the  Peace  and  twelve  citizens,  be- 
ing slaveholders  of  the  county,  who  shall  have  power  to  try  all 
cases  of  felony  committed  in  their  county  by  slaves,  free  negroes 
and  mulattoes,  a  majority  of  said  Court  may  pronounce  judg- 
ment, and  all  trials  before  it  shall  be  upon  the  statement  of  the 
oftence  in  the  warrant  of  arrest  and  without  presentment  or  in- 
dictment by  a  Grand  Jury,  the  Sheriif  of  the  county  shall -act  as 
the  ministerial  officer  of  said  Court,  and  the  citizens  who  with  the 
Justices  are  to  compose  the  same,  shall  be  selected  by  said  Jus- 
tices and  summoned  to  attend  l)y  the  Sheritl^',  and  said  Court 
shall  assess  the  value  of  all  slaves  sentenced  by  it  to  (•a})ital  pun- 
ishment, one  lialf  of  which  value  shall  be;  paid  by  the  State  to  the 
owner  or  owners  of  such  slaves;  and  apjjeals  from  the  judg- 
ment of  said  Court  shall  be  had  to  the  Circuit  Court  of  the  coun- 
ty upon  an  order  made  l)y  the  Judge  thereof,  ujion  an  inspection 
of  the  record  of  the  trial,  full  minutes  of  which  shall  be  made  by 
the  said  Justices,  and  such  appeal,  when  allowed,  sj^all  o})erate  as 
a  supersedeas,^''  be  amended  as  follows :  "  Strike  out  the  word 
"  slaveholders,"  and  insert  "  qualified  jurors ;"  Strike  out  tlie 
following  A\'ords  from  said  section,  "  and  said  Court  shall  assess 
the  value  of  all  slaves  sentenced  ])y  it  to  capital  punishment,  one 
half  of  which  value  shall  be  ])ai<l  Iiy  the  State  to  the  owner  oi- 
owners  of  such  slave." 

Passed  in  open  Convention,  April   "iTtli,  ISGI. 


[    Ko.    41.    ] 

An  Okdinanck  supplemental  to  an  ordinance  passed  by  this  Con- 
vention April  26th,  1861,  entitled  "An  ordinance  to  raise  mon- 
ey for  the  exigencies  of  the  State  and  for  the  payment  nl'  tlu* 
])ubli''  debt." 

Be  it  ordiUitcd  hi/  lh(  jmojde  of  the  State  of  I'lorida  in  Coji- 
rention  assemhlcd.  That  the  Register  of  Public  Lands  of  this 
State  be  and  he  is  hereby  directed  and  instructed  to  receive  in 
payment  for  any  lands  heretofore  sold,  or  that  may  hereafter  be 
sold  through  or  by  his  office,  nothing  but  gold  or  silver  coin,  or 
the  bills  of  solvent  banks,  anything  that  may  ))e  containe<l  in 
any  act  of  the  Genera!  Assembly  to  the  contrary  not>vitlist:m(l- 
in<>-. 


61 

Be  it  further  ordained^  That  the  Register  of  Public  Lands  be 
and  he  is  liereby  rc(iuired  to  give  bond  iu  the  sum  of  thirty  thous- 
and dollars,  with  good  and  sufficient  security,  to  be  ai)))roved  by 
the  Govcnun-  of  the  State,  ft)r  the  faithful  discharge  of  the  duties 
of  his  office. 

Be  itfitrther  ordained^  That  the  fractional  townships  of  the 
public  lands,  lying  along  the  boundary  line  between  Florida  and 
Georgia,  shall  be  offered  for  sale  iu  the  same  manner  as  is  pro- 
vided for  by  the  ordinance  for  the  sale  of  military  and  naval  re- 
serves, and  in  case  any  of  the  same  shall  not  have  been  surveyed, 
it  shall  be  the  duty  oi'  the  Kegister  of  Public  Lands  to  cause  the 
same  to  be  surveyed. 

Passed  in  ojx.'U  Convention,  April  'J7th.    ISGL 


I    No.    42.    ! 

WiiEBKAS,  Emergencies  hav(!  rendered  it  necessary  to  call  into 
service  military  organizations  of  this  State,  and  to  arm,  equip, 
and  transport  the  same ;  and  xrhcreas^  the  Govei'nor  has  ex- 
pended certain  monies  for  said  jmrpose  : 

Be  It  ordahudhy  the  peojtlc  of  the  State  <f  Florida  in  Con- 
tention ans^endiled^  That  the  Comptroller  of  Public  Accounts  be 
and  he  is  hereby  required  to  audit  and  allow  all  expenses  inci- 
dent to  and  arising  from  the  same,  heretofore  imidc  bv  Governor 
M.  S.  Perry. 

Done  in  open  Convention,  April  'JTtli.  18'Ji. 


L    No.    43.    1 

B&  it  ordained  by  the  people  of  the  /State  of  Florida  in  Con- 
vention assembled^  That  all  persons  now  holding  office  in  tliis  State 
be  continued  in  office  until  the  term  expires  for  which  they  were 
elected  or  ap])ointed,  unless  sooner  removed  in  the  manner  pro- 
vided by  the  Constitution  and  laws  of  this  State, 

Done  in  open  Convention,  April  27tl),  1861. 


62 


L    No.  44.    I 

Be  it  ordained  by  the  people  of  the  State  of  Florida  in  Con- 
vention assembled^  That  the  term  of  the  Civcuit  Court  of  Wal- 
ton county,  liehl  on  the  ]2th  day  of  ]\lareli  last,  which  Court 
was  so  held  in  place  of  the  term  as  provided  hy  law,  to  be  held 
on  the  first  Monday  in  ]March,  be  deemed  and  hel<l  valid,  s(>  f  n 
as  civil  cases  are  aifected. 

Passed  in  ojien  Convention,  ^\]>ril  '27th,  ISOl. 


I    No.    46.     i 

WiiEKKAs,  In  consideration  of  a  tiireatened  invasion  and  the  <iii- 
ficulty  in  the  way  of  a  speedy  communication  hetAveen  the 
(^apital  and  the  Eastern  and  Soutliern  sections  of  our  State, 
]Ve^  the  peoph' of  the  State  of  Florida  In  Convention  assem- 
bled^ do  ordain^  That  the  Governor  be  authorized  to  liave  con- 
f^tructed,  without  delay,  a  Telegraph  Line  along  the  Railroad 
to  Baldwin,   (whei-e  there  is  a  centering  of  several  telegraph 
lines,)  on  condition  that  the  Railroad  Companies  along  the  route 
fnrnsih  the  posts  and  put  up  the  line,  the  Avire  exceptcid. 
Passed  in  open  Convention,  April  27111,  IStil. 


I    No.  46.    ]  ' 

Be  it  ordained  Inj  the  people  <f  the  State  of  Florida  in  Con- 
vention assembled^  That  the  Governor  of  this  State  be  and  he  is 
hereby  authorized  to  cause  any  funds  in  the  Treasury  or  in  his 
control  to  be  applied  to  equipping  the  forces  called  or  to  be 
called  into  service  by  the  Confederate  States. 

Done  in  ojien  Convention,  April  27th,  1861. 


RESOLUTIONS. 


1    No.  IS,    ] 

Whekeas,  It  has  pleased  God  to  remove,  by  the  hand  of  deaiii. 

Dr.  Benjamin  W.  Saxon,  Avho  was  a  member  of  this  body, 

and  who  departed  this  Hfe  during  the  recess ; 

liesoloc'dy  That  in  testimony  of  oiu-  regard  for  the  memory  of 
the  deceased  and  of  our  sympathy  witli  his  bereaved  friends,  wo 
will  Avear  the  customary  badge  of  mourning. 

liesolned,  That  these  proceedings  be  entered  on  the  journal  of 
this  Convention,  and  that  a  copy  of  them  be  sent  by  the  Secre- 
tary to  the  family  of  the  deceased. 

Done  in  open  Convention,  February  27th,  1861. 


[    No.   13.    J 

Resolved,  That  our  Delegation  to  the  Southern  Congress  Ije 
and  they  are  hereby  requested  to  bring  the  subject  of  the  main- 
tenance of  Marine  IIosi)itals,  Light  Houses,  &c.,  within  the  State 
of  Florida,  to  the  attention  of  said  Congress,  and  urge  an  im- 
mediate provision  for  the  same. 

Resolved,  That  the  Secretary  be  required  to  dispatch  a  copy 
«f  the  foregoing  resolution  to  our  Delegation. 

Done  in  open  Convention,  March  1st,  1861. 


I    No.   14.    J 

Resolved,  Tluit  this  Convention  do  heartily  and  unanimously 
r.oncm-  in  the  nomination  and  the  election  of  the  Hon.  Jefferson 
Davis,  President,  and  Hon.  Alex.  H.  Stephens,  Vice-President 
♦)f  the  Confederate  States. 

Done  in  open  Convention,  March  1  st,  1 86 1 . 


64 


I    No.   15.    J 

Resolved^  That  the  Governor  be  requested  to  conimuuicate 
to  this  Convention  whetlier  any  moneys  liave  been  paid  out  by 
any  disbursing  officer  of  tlie  late  Federal  Government  in  this 
State,  on  any  account,  since  the  adoption  of  Ordinance  No.  2, 
and  if  so,  upon  what  account  and  uj)on  what  authority. 

Done  in  open  Convention,  Marcli  1st.  18G1. 


I    No.   16.    J 

Jiesoloed,  That  F.  L.  Daiicy,  late  Surveyor-General  in  thin 
State,  be  and  lie  is  hereby  instructed  by  this  Convention  to 
retain  possession  of  all  papers  and  public  documents  and  other 
public  property  api)ertainiiig  to  his  office  until  ho  is  further 
<lirected  by  this  Convention. 

Done  in  open  Convention,  March  ist,  ISU!. 


i    No.   17.    1 

Resolved,  That  this  Convention  now  lake  a  recess,  to  here-as- 
sembled at  the  call  of  the  President,  or  by  the  Governor,  m  the 
event  of  tlie  inability  of  the  President  from  illness  or  other 
cause. 

Done  in  open  Convention,  March  ist,  iSUi. 


I    No.  18.    ! 

Resolved,  That  the  Committee  on  the  Judiciary  be  instructed 
to  mquire  what  action,  if  any,  is  necessary  on  the  part  of  the 
Convention,  to  give  effect  to  the  act  of  the  I*rovisional  Congress 
of  the  Confederate  States,  creating  a  District  jCourt  for  the  State 
of  Florida,  and  giving  to  said  Com't  jurisdiction  over  the  cases 
lately  pending  before  the  District  Court  for  the  Northern  D5h- 
trict  of  Florida. 

Passed  in  open  Convention.  April  1  Stli,   1861. 


JR 


I    No.    19.     ! 

Iiet<olred,  Tliat  tlv  finlies  ol'  the  C'ominitti'c  ;ii.|K)iiite<l  to 
revise  and  dio-est  tlie  Oonstitutioii  ho  so  extenticd  asio  autlionzc 
and  tMiipowei-  it  to  report  sncli  aiiu>iid!ne)its  thereto  as  it  may 
deem  proper. 

Passed  in  o])en  Coiiveiilion,     \piil  isdi,  1S()1. 


I    No.    20.     I 

J^esolved,  That  considerinu'  the  end)arassnients  that  snrround 
Governor  Jolin  W.  Ellis  of  Noi-tli  Carolina,  at  this  time,  that 
^' tries  the  souls  oF  men,"  tlie  State  of  Florida  is  constrained  to 
('.\]iress  lier  admiration  for  the  decision  and  ijit'cpiditv  of  Gov- 
ernor Ellis,  evinced  l)y  his  indiLfimnt  re])ly  to  the  requisition 
made  by  the  lilack  Kepuhlicnn  l*resi.ien(,  and  liis  ])rompt  occu- 
patitjn  td'  the  Forts  and  Arsenals  within  a  Slate  that  h..is  not 
withdrawn  formally  from  the  laU-  I'^ederal  T'nion. 

Passed  in  open  Convention,  unanimously,  A})ril  I  0th.  IStJl. 


I    No.  21.    J 

]ieii( lined.  That  the  Secretary  of  this  Convention  be  and  he  is 
iiereliy  reijuired  to  furnish  a  copy  of  the  journal  and  proceedinus 
of  this  Convention,  and  a  copy  of  tlic  Acts  of  the  late  General 
Assembly,  to  the  University  of  Virifinia,  (of  Albermarle  County, 
Va.,)  for  the  use  of  tlie  Library  of  that  Institution. 

Done  in  open  Convention.  April   2-Jd.  l^Hl. 


I    No.  22.     1 

Rt.'idirid,  That  if  necessary  to  ha vt' t'urther  assistance  in  bring- 
ing u]»  the  rci-ords  of  the  Convvntion.  the  Secretary  b^  author- 
ized to  employ  the  necessary  assistance. 

Done  in  open  Convention.  Apnl  24th,  18G1. 


I    No.    23.     1 

R,  snlnd.    Thai    ilie   CounniTt(t'  on  Knr<iinients  be  instructed 


GC> 


to  report  to  the  Convention  a  list  of  sncli  ordinances  a^  art  per- 
manent and  not  subject  to  be  repealed  by  the  Legislature,  and 
such  as  may  be  altered  or  repealed  by  such  authority. 
Passed  in  open  Convention,  ^Vpril  26th,   18G1. 


1    No.    24.    ] 

Resolved^  That  the  .\ttorncy-General  be  requested  to  give  to 
the  Convention  his  opinion  whether  the  accompanying  proposed 
ordinance  will,  if  passed,  interfere  with  the  vested  right  of  any 
railroad  company  incorporated  in  the  State — also  whether  there 
lias  been  any  decision  of  the  Supreme  Court  made  in  any  case  in 
which  the  right  of  the  IVnsacola  and  (reurgia  Railroad  (com- 
pany to  construct  their  line  of  road  to  any  point  on  the  boundary 
line  of  the  State  of  Georgia,  any  if  so,  that  he  state  what  such 
decision  has  been,  and  annex  to  his  opinion  a  copy  thereof. 

I*assed  the  Convention  Apnl  'itJth,   1801. 


\    ITo.    25. 


Ii('s<>l>'(-(i,  That  the  Cummittee  on  Enrolments  be  aisriuirised 
to  employ  assistant  <  lerks  to  enrol  the  ordinances  of  tiie  C.'i;- 
vention. 

Done  in  open  ('onv(tntion  .\.j)ril  '27th,    ISfll. 


[    No.    26.     I 

Ri',i.<:oli'ed,  That  the  Chief  Secretary  of  this  Con\('nlion 
and  he  is  hereby  instructed  to  have  i)rinted  1000  cojiies  of 
amended  constitution  and  the  ordinances  and  resolutions  pa^ 
l)y  this  Convention  at  its  session  on  26th  of  February,  ]R61 
well  as  its  j)resent  session:  that  he  cause  10  copies  of  the  s: 
to  be  sent  to  each  member  of  the  Convention,  and  10  to 
Clerks  of  the  Circuit  Courts  ol'lhe  several  Comities  of  this  St 

Done  in  doeii  <'on\enrion.  A'lril  !i7tli,  isii]. 


lie 
the 
ised 
,  as 
mie 
the 
ate. 


i     No.    27.     I 

rti's<,}r<  il,    'i'iial   a  Speci;il  ('ominiltee  mi   Kiii-nliiieiit .  lo  <  on>i' 


«37 


ot"  three,  be  appoint'^vl  to  alteii<1  to  the  eiiroiinenL  of  aU  oidhian- 
ces  and  resolutions  ])MSsed  by  this  Convention. 
Done  in  open  Convention.  .Vpril  27th.  1S61, 


[    No.    28.     1 

llesolced.  That  the  Secretary  of  this  Convention  be  author- 
ized to  audit  the  accounts  of  members,  and  that  the  same  be 
paid  by  the  Treasurer  upon  the  warrant  of  the  Comptroller. 

Done  in  open  Convention,  April  27th,  1861. 


[    Mo.    29.    1 

Resolved^  Tliat  while  the  jieojtle  of  the  State  of  Florida 
heartily  approve,  m  the  m;jin.  of  the  Constitution  of  the  Con- 
federate StateSv  of  America.  :«"d  have  i.dven  evidence  of  tliat 
aj^probalion  by  the  nnflmnioi;:^  ■\'ote  of  this  Convention  on  its 
ratilication — yet  there  are  cert:Tio  parts  thereof  which,  in  the 
opinion  of  this  Convention,  should,  at  antiu'ly  ciay.  be  amended; 
— with  the  view  therefore  of  i^i\  inu"  a  prftper  expressicMi  of  the 
sentiments  of  the  peojile  of  this  State,  it  is  hereby  suggested  ihist 
the  said  Constitution  would  be  greatly  improved  by  the  follow- 
ing amendments,  to-wit : 

I'hat  the  M//'/ clarse  of  the  second  section  of  x\wf:rst  article 
should  be  altered  b}  strikin<>-  out,  after  the  wovCx  '■•  dcternnned" 
in  the  foarlh  line  to  the  word  '"slaves,"  inclnsive.  and  insertins; 
the  woi"(ls  "by  the  whole  iiuudu'r  of  inhabitants  within  ihe 
State;" 

That  the  AV.s'^  clause  ^)f  the  ^///jv/ section  of  article/b/^/-  should 
be  amended  by  inserting  after  tiie  word  **•  States,"  in  the  third 
line,  the  words '' but  no  State  shall  be  admitted  into  this  Con- 
federacy unless  the  institution  of  slavery  shall  be  ilistinctly  and 
clearly  recognized  in  ils  Consxitution  an<l  in  .actual  operation 
imder  its  laws,"  and  l»y  striking  out  the  word  "l)nl"  next  folhnv- 
ing  in  the  same  line  ; 

That  Xh(^  dfrenth  clausi-  of  th<'  <  iijlith  sectiou  tif  ihe  _/</v/  arti- 
cle should  be  amended  by  striking  out  the  remainder  of  the 
(clause  after  the  word  ''routes. '"  in  the^r.sV  liru'. 

Passed  in  oj^en  Convention  A]iril  2sth.  1^61. 


[    No.   30.     ] 

Resohit-d.,  TImt  tlio  Pri'sideiit  of  this  Convention,  with  three 
other  members  to  be  <lesiunated  by  him,  be  and  they  are  hereby 
authorized  to  examine  the  enroled  Constitution  ;  and  that  after 
such  examination  tlie  President  be  and  he  is  autliorized  to  sigii 
the  Constitution  as  enroled  and  approved. 

Done  in  open  ('on^■ent!on.  .Vpril  '27th.  1801. 


[    No.  31.    ] 

\i'\\  of  the  increaf 
performed  by  the  Chief  Secretary  of  this  Convention  during  the 
present  session,  he  shall  be  allowed  six  dollars  per  day  for  the 
same. 

Done  in  oj)('n  C'uiivfntion,  A|:>ril  I'T'h,  l-iiL. 


1    No.   32.     I 

/!,snlt't<A  That  iho  thanks  of  this  Convention  are  hereby  ten- 
dered to  the  lion.  .1.  (".  Mc-Crehet'  for  tlie  patient,  mireinittinp- 
and  dig'nified  manner  in  whic'n  he  has  presided  over  the  present 
Convention. 

l'naiiin\ortsiy   iidoptm  hi   (>peu  C'onventiou,  April   27th,  iStJl. 


i     No.    33.     1 

Ri.;o/re(f,  Thai  this  (nm cntiou  now  ndjinirit  .>///-  t.fit^  unless 
convened  bv  tii'.-  I-*vesideiit  ;iii  or  hcior''  ihr-  '_'">th  oi'  DecenilxM- 
next. 

Adopted  in  opt^ii  CofiVfiitio!).  April  27lii,   IHtil. 


Tam.aua-skk,  .May  4th,  18(>1. 
1   do   hei-eby    n-rtifN    that    the   Ibregt/mji;  are  true  and  correct 
copies  of  tl>e  ordinances  .and  resolutions  adopter]  in  Convention 
at  th('  called  sessions  of  •^aid  !»odv. 

■  WILLIAM  JS.  HARRIS, 
Secret.'ir\  of  the  Convention. 


peRmalif^4 

pH8.5 


